Hindmarsh Plumbing Services Pty Ltd T/A Hindmarsh Plumbing Services

[2017] FWCA 4144

[2017] FWCA 4144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Hindmarsh Plumbing Services Pty Ltd T/A Hindmarsh Plumbing Services
(AG2017/3121)

HINDMARSH PLUMBING (CONSTRUCTION) COLLECTIVE AGREEMENT 2016

Plumbing industry
DEPUTY PRESIDENT ANDERSON	ADELAIDE, 9 AUGUST 2017

Application for variation of the Hindmarsh Plumbing (Construction) Collective Agreement 2016

[1] An application has been made under section 210 of the Fair Work Act 2009 (the FW Act) for approval of a variation to an enterprise agreement known as the Hindmarsh Plumbing (Construction) Collective Agreement 2016 (the Agreement). The agreement is a single enterprise agreement. The application has been made by the employer, Hindmarsh Plumbing Services Pty Ltd.

[2] The Agreement has operated since 20 July 2016. It has a nominal expiry date of 1 May 2020. It was approved by the Fair Work Commission on 13 July 2016, with undertakings. 1

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is a bargaining representative for the agreement and is covered by it.

[4] The application is accompanied by a statutory declaration by an officer or authorised employee of the applicant and a statutory declaration by an officer or authorised employee of the CEPU. Approval of the variation is sought by the applicant and supported by the CEPU.

[5] The variation to the Agreement concerns clause 1.9 Dispute Resolution. The variation adds the following provisions:

1.9.7 If the dispute remains unresolved after following all of the steps above, the FWC may arbitrate the dispute.

1.9.8 It is an overriding condition of this agreement that any conciliated or arbitrated outcome is consistent with the Code for the Tendering and Performance of Building Work 2016.

[6] I have considered the application and accompanying declarations in support of the application and am satisfied that each of the requirements in sections 210 and 211 of the FW Act as relevant to this application for approval have been met. I consider that the varied dispute resolution clause continues to provide a term in the Agreement for the settling of disputes that is consistent with the provisions of section 186(6)(a) of the FW Act. Further, there are no serious public interest grounds for not approving the variation.

[7] The variation to the Agreement is approved and will operate from 12.01am 9 August 2017.

[8] A consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

 1   [2016] FWCA 4691 per Commissioner Roe

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