DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Q & O Holdings Pty Ltd T/A Q & O Plumbing
(AG2020/1661)

Q & O PLUMBING ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 22 JUNE 2020

Application for variation of the Q & O Plumbing Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Q & O Plumbing Enterprise Agreement 2019 (the Agreement). The application was made by Q & O Holdings Pty Ltd T/A Q & O Plumbing 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 22 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Q & O Holdings Pty Ltd trading as Q & O Plumbing, the applicant sought to vary the Q & O Plumbing Enterprise Agreement 2019. The applicant aimed to reduce the rates of pay and hours for certain employees within the agreement. The Fair Work Commission was tasked with determining whether the proposed changes complied with the criteria for a modern award or registered agreement.

The primary legal issue before the Commission was whether the proposed variations aligned with the requirements of the Fair Work Act 2009. Specifically, the Commission had to assess whether the changes would result in a simpler, more flexible, and more productive workplace. Additionally, the Commission needed to consider whether the changes were consistent with the principles of procedural fairness and whether the applicant had provided sufficient justification for the proposed alterations.

The Commission determined that the applicant had demonstrated a valid reason for the proposed changes, which included economic pressures and a need for increased efficiency. The Commission found that the variations would result in a more streamlined and cost-effective workplace, thereby improving overall productivity. Furthermore, the Commission was satisfied that the applicant had followed the correct procedural steps in seeking the variations and had provided adequate consultation with the affected employees. Consequently, the application for variation was approved.

The Commission ordered that the Q & O Plumbing Enterprise Agreement 2019 be varied as per the terms outlined in the applicant's submission. The changes included reduced pay rates and hours for specific employees, effective from the date of the Commission's decision. The decision was made in accordance with the statutory provisions and principles of fairness, ensuring that the interests of both the employer and the employees were adequately considered.

Q & O Holdings Pty Ltd T/A Q & O Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established