DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Paragon Plumbing (WA) Ptd Ltd
(AG2019/5012)

PARAGON PLUMBING (WA) PTY LTD MECHANICAL PLUMBING ENTERPRISE AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 FEBRUARY 2020

Application for variation of the Paragon Plumbing (WA) Pty Ltd Mechanical Plumbing Enterprise Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Paragon Plumbing (WA) Pty Ltd Mechanical Plumbing Enterprise Agreement 2019-2022 (the Agreement). The application was made by Paragon Plumbing (WA) 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 provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 25 September 2019. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 11 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Council of Trade Unions, sought to vary the Mechanical Plumbing Enterprise Agreement 2019-2022 between the employer, Paragon Plumbing (WA) Pty Ltd, and the employees covered by the agreement. The application was brought before the Fair Work Commission to address concerns regarding the terms of the agreement and its implications for the employees.

The central legal issue before the commission was whether the proposed variations to the agreement were consistent with the principles of the Fair Work Act 2009. Specifically, the commission needed to determine if the variations met the requirements for approval under section 234 of the Act, ensuring they were fair and reasonable in all circumstances. This involved assessing the impact of the changes on the employees' conditions of employment, including wages, hours of work, and other terms and conditions.

The commission found that the proposed variations did not sufficiently address the employees' concerns and did not adequately balance the interests of both parties. The commission emphasised the importance of protecting employees' rights and ensuring fair terms in enterprise agreements. As a result, the application for variation was dismissed. The commission highlighted that any future applications must be carefully considered to ensure they meet the statutory requirements for fairness and reasonableness.

No final orders were made in this instance, as the application was dismissed. However, the decision serves as a reminder for both employers and unions to ensure that any proposed variations to enterprise agreements are thoroughly assessed to comply with the relevant legislative framework.

Paragon Plumbing (WA) Ptd Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established