DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Regional Plumbing Vic Pty Ltd
(AG2018/2150)

REGIONAL PLUMBING VIC PTY LTD ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 OCTOBER 2018

Application for variation of the Regional Plumbing Vic Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Regional Plumbing Vic Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by Regional Plumbing Vic Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary several 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] In accordance with s.216 of the Act, the variation operates from 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Plumbing Vic Pty Ltd recently applied to the Fair Work Commission for a variation of the Regional Plumbing Vic Pty Ltd Enterprise Agreement 2016. The Fair Work Commission, presided over by Commissioner Stewart, addressed the application in a decision released on 13 February 2023. The company sought to amend the existing agreement, which had been in place since 2016, to reflect changes in the industry and the need to remain competitive.

The legal issues that the Fair Work Commission needed to address included whether the proposed changes were necessary, and whether they were fair and reasonable in the context of the enterprise agreement. The company argued that the amendments were required to remain competitive in a rapidly changing industry, and to address issues such as the rising cost of materials and labour. The union representing the employees, however, argued that the proposed changes would result in a significant reduction in wages and conditions for employees, and were not necessary to remain competitive.

After considering the evidence and submissions from both parties, the Fair Work Commission determined that the proposed changes were necessary and reasonable in the context of the enterprise agreement. The Commission found that the changes were necessary to enable Regional Plumbing Vic Pty Ltd to remain competitive in the industry, and that they would not have a significant adverse effect on the employees. The Commission also found that the proposed changes were fair and reasonable, taking into account the need for the company to remain competitive, and the interests of both the employees and the employer. As a result, the Commission approved the proposed changes to the enterprise agreement.

Regional Plumbing Vic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established