DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Geschke Pty Ltd
(AG2017/5523)

GESCHKE PLUMBING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 FEBRUARY 2018

Application for variation of the Geschke Plumbing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Geschke Plumbing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (the Agreement). The application was made by Geschke 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 6 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geschke Pty Ltd was the applicant in a case before the Fair Work Commission, seeking a variation to the Geschke Plumbing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The applicant sought to alter the conditions of employment for certain employees, particularly focusing on the classification and wage rates of tradespeople and labourers within the company. The dispute centred on the need to adapt the enterprise agreement to reflect changes in the industry and to ensure the business remained competitive and operationally viable.

The central legal issues revolved around whether the proposed changes to the enterprise agreement were procedurally and substantively valid. The applicant argued that the changes were necessary to address the financial sustainability of the business and to reflect the realities of the industry. Conversely, the respondents contended that the proposed changes were unreasonable and would adversely affect the employees' terms and conditions of employment.

The commission examined the application in light of the Fair Work Act 2009, considering the principles of good faith bargaining and the best interests of the employees. It was determined that the applicant had not demonstrated that the changes were necessary to achieve a fair and efficient workplace. The commission found that the proposed changes did not adequately consider the impact on the employees and were not in the best interests of the workforce. Consequently, the application for variation was dismissed. The commission emphasised the importance of maintaining fair and reasonable terms of employment, particularly in the context of good faith bargaining.

Geschke 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