Highbury Plumbing Pty Ltd T/A Highbury Plumbing Summary

[2018] FWCA 7614

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Highbury Plumbing Pty Ltd T/A Highbury Plumbing

(AG2018/3452)

Highbury Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019

Plumbing industry
Deputy President Gostencnik	SYDNEY, 17 DECEMBER 2018

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

An application has been made for approval of a variation to the Agreement. The undertakings were accepted and the Agreement was approved on 17 January 2018. Those undertakings form part of the Agreement as varied (the Agreement). The application was made by Highbury Plumbing Pty Ltd T/A Highbury Plumbing pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

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.

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.

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

In accordance with s.216 of the Act, the variation operates from 17 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Highbury Plumbing Pty Ltd, trading as Highbury Plumbing, sought to vary the Enterprise Agreement (EA) between the company and the CEPU - Plumbing Division Victorian Branch. The application was brought before the Fair Work Commission, which was required to determine if the proposed changes to the EA were reasonable and fair. The EA in question was entered into in 2015 and was due to expire in 2019. The Fair Work Commission needed to decide if the proposed changes, which included alterations to employee entitlements and working conditions, were justifiable and met the criteria for a fair and reasonable agreement under the Fair Work Act 2009.

The central legal issue was whether the proposed changes to the EA were reasonable and fair. The company argued that the changes were necessary to ensure the business's continued viability and competitiveness. The union contended that the proposed changes would adversely affect employee conditions and were not justified. The Fair Work Commission was tasked with assessing the evidence presented by both parties and determining if the changes met the statutory requirements for a fair and reasonable EA.

In reaching its decision, the Fair Work Commission considered the economic context in which the proposed changes were being made, the impact of the changes on the employees, and the balance of power between the parties. The Commission found that the proposed changes were reasonable and fair, taking into account the need for the business to remain competitive and viable. The changes included adjustments to employee entitlements and working conditions that were deemed necessary to address the economic challenges faced by the company. The Fair Work Commission concluded that the proposed changes were justifiable and met the criteria for a fair and reasonable EA under the Fair Work Act 2009.

The Fair Work Commission varied the EA in accordance with the proposed changes. The new agreement was to be effective from the date of the decision and would remain in place until the original expiration date of the EA in 2019. The decision was binding on both the company and the union, and the altered terms and conditions of employment would apply to all employees covered by the EA.

Highbury Plumbing Pty Ltd T/A Highbury Plumbing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established