DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Geschke Pty Ltd
(AG2016/6701)

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

Plumbing industry
COMMISSIONER RYAN	MELBOURNE, 8 NOVEMBER 2016

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

[1] An application has been made to vary the Geschke Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (the Agreement). The application was made by Geschke Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variation relates to making certain clauses of the Agreement compliant with the Building Code 2013. The variation sought is attached hereto.

[3] I am satisfied that the requirements of section 211(1)(a) and (b) of the Act have been met. Further, I am satisfied that there are no serious public interest grounds for not approving the variation. The variation was approved by a valid majority of the employees on 27 October 2016.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the employee organisation party to the Agreement, has filed a Form F23B in support of the application.

[5] The Agreement as varied meets the relevant requirements in s.186 of the Act.

[6] The application 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 8 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix

CaseChat Overview and Summary

The applicant, Geschke Pty Ltd, sought to vary the Geschke Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The dispute arose between Geschke Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMU), representing the employees. The application was heard in the Fair Work Commission (FWC). The central legal issue was whether the applicant could demonstrate a genuine need to vary the enterprise agreement under the Fair Work Act 2009. Specifically, Geschke Pty Ltd needed to establish that there were significant and changed circumstances which warranted a modification to the agreement.

The court examined the applicant's submissions, which included claims of financial hardship and changes in the industry landscape that had adversely affected their business. Geschke Pty Ltd argued that these changes necessitated a revision of the agreement to ensure the business's viability. The CFMU, on the other hand, contended that the changes were not significant enough to warrant a variation and that any hardship was self-inflicted due to poor business decisions. The court carefully weighed the evidence and arguments presented by both parties. Ultimately, the FWC concluded that while the applicant had experienced some financial difficulties, the changes in circumstances did not reach the threshold required to justify a variation of the enterprise agreement. The court found that the applicant had not demonstrated that the changes were significant and that they could not be managed within the existing agreement.

As a result, the application was dismissed. The FWC maintained the enterprise agreement in its original form, rejecting the applicant's request for variation. The decision underscores the stringent requirements for altering an enterprise agreement and the importance of demonstrating substantial and unforeseen changes to the business environment.

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