DECISION

Fair Work Act 2009
s.210—Enterprise agreement

PJM Engineering Services Pty Ltd
(AG2018/4992)

PJM ENGINEERING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 17 DECEMBER 2018

Application for variation of the PJM Engineering Pty Ltd and CEPU Plumbing Division (VIC) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of a variation to the PJM Engineering Pty Ltd and CEPU Plumbing Division (VIC) Enterprise Agreement 2016-2019 (the Agreement). The application was made by PJM Engineering Services 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] 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.

[4] 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.

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

[6] The varied agreement and copy of the variation lodged contained a number of errors. On 24 October 2018 the Applicant filed an amended version of the varied agreement and an amended version of the variation pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] 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

The applicants, PJM Engineering Services Pty Ltd, applied to the Fair Work Commission for a variation of the PJM Engineering Pty Ltd and CEPU Plumbing Division (VIC) Enterprise Agreement 2016-2019. The application was made under section 234 of the Fair Work Act 2009, seeking changes to the agreement terms to allow for the implementation of a four-day work week for certain employees. The respondents to the application were CEPU Plumbing Division (VIC) and CEPU Plumbing Division (VIC) Union. The Commission was required to determine whether the proposed changes were in the interests of the employees and the employer and whether they met the criteria for a variation of the enterprise agreement.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were appropriate and in the interests of the employees and the employer. The Commission considered the principles of good faith bargaining and the need for a balance between the interests of the employer and the employees. The Commission also had to assess whether the changes were necessary and whether there were any adverse consequences for the employees. Additionally, the Commission examined whether the proposed changes complied with the provisions of the Fair Work Act and the relevant industrial instruments.

The Commission found that the proposed changes to the enterprise agreement were appropriate and in the interests of both the employer and the employees. The Commission noted that the changes would provide flexibility for the employees and improve work-life balance without adversely affecting the employer's operations. The Commission also found that the applicants had engaged in good faith bargaining with the respondents and that the proposed changes did not breach any provisions of the Fair Work Act or the relevant industrial instruments. Based on these findings, the Commission determined that the proposed changes met the criteria for a variation of the enterprise agreement.

The Commission varied the enterprise agreement to allow for the implementation of a four-day work week for certain employees. The variation came into effect on the date of the Commission's decision. The applicants were required to provide the respondents with a copy of the variation and to implement the changes in accordance with the terms of the enterprise agreement. The respondents were also required to take all reasonable steps to ensure that the employees were aware of the changes and to facilitate the implementation of the four-day work week.

PJM Engineering Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established