DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Geelong Roofing Proprietary Limited T/A Geelong Roofing Pty Ltd
(AG2017/5014)

GEELONG ROOFING PROPRIETARY LIMITED TRADING AS GEELONG ROOFING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 15 NOVEMBER 2017

Application for variation of the Geelong Roofing Proprietary Limited trading as Geelong Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Geelong Roofing Proprietary Limited trading as Geelong Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015 – 2019 (the Agreement). The application was made by Geelong Roofing Proprietary Limited T/A Geelong Roofing Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 15 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geelong Roofing Proprietary Limited T/A Geelong Roofing Pty Ltd, the applicant, brought an application to the Fair Work Commission for a variation of the Geelong Roofing Proprietary Limited and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The applicant sought changes to the current agreement, including modifications to the classification and remuneration of employees within the enterprise. The case was heard by the Fair Work Commission, which is tasked with resolving workplace disputes and ensuring fair work practices.

The primary legal issues the Commission needed to address were whether the proposed variations met the requirements under the Fair Work Act 2009 and whether the changes would result in a fairer and more efficient workplace. The applicant argued that the variations were necessary to address current market conditions and to maintain competitiveness. The respondent, CEPU - Plumbing Division Victorian Branch, contended that the proposed changes would disadvantage employees and did not meet the criteria for a variation under the Act.

The Fair Work Commission examined the evidence and submissions from both parties. It considered the economic context, the implications of the proposed changes on the workforce, and whether the variations would achieve a more efficient, productive, and flexible workplace. The Commission concluded that the applicant had demonstrated a legitimate need for the variations, and that the changes would not undermine the core rights and protections of the employees. The proposed variations were deemed to be reasonable and in line with the objectives of the Fair Work Act 2009.

The Fair Work Commission approved the variations to the Geelong Roofing Proprietary Limited and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019, allowing the changes to take effect. The decision was made in the interest of achieving a fairer and more efficient workplace, while also considering the rights and protections of the employees involved. The variations are now incorporated into the enterprise agreement, reflecting the current market conditions and the need for adaptability within the enterprise.

Geelong Roofing Proprietary Limited T/A Geelong Roofing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established