DECISION

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

SF Management Group Pty Ltd T/A Smith Brothers Plumbing
(AG2015/3624)

SMITH BROTHERS PLUMBING ONSITE CONSTRUCTION ENTERPRISE AGREEMENT 2013

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 JULY 2015

Application for variation of the Smith Brothers Plumbing Pty Ltd Onsite Construction Enterprise Agreement 2013 – clauses 3.10.7, 4.1.1, 7.1.1, 7.3.3(b).

[1] An application has been made to vary an enterprise agreement known as the Smith Brothers Plumbing Pty Ltd Onsite Construction Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by SF Management Group Pty Ltd T/A Smith Brothers Plumbing (Smith Brothers). The Agreement is a single enterprise agreement.

[2] At a telephone conference convened on 9 July 2015 Smith Brothers confirmed an undertaking in relation to the Agreement which was provided with the application, as follows:

“The rates, allowance and other monetary amounts applicable to employees as at the date of making this undertaking will remain the applicable rates and allowances until the agreement is varied, rescinded or replaced in accordance with the Fair Work Act 2009.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 2. I note that the Agreement as approved on 23 May 2015, contained an undertaking which was annexured to the Agreement and marked as Attachment 1. Consequently, both undertakings are now marked accordingly and are taken to be terms of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is an organisation covered by the Agreement. The CEPU advised by email on 17 July 2015, that it does not support the variation to the Agreement, and requested that it be noted in this decision. He CEPU indicated that it did not wish to be heard relative to the variation application.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Annexure A.

[6] A consolidated version of the Agreement, as varied, is provided with this decision. The variation is approved and will operate from the date of this decision.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, SF Management Group Pty Ltd, trading as Smith Brothers Plumbing, applied for a variation of the Smith Brothers Plumbing Pty Ltd Onsite Construction Enterprise Agreement 2013. The application focused on specific clauses, including 3.10.7, 4.1.1, 7.1.1, and 7.3.3(b). The dispute involved the terms and conditions of employment, particularly those concerning overtime, penalty rates, and shift loadings for employees within the agreement.

The primary legal issues for the Commission to address were whether the proposed variations would be in the best interests of the employees and the employer, and whether they were necessary to accommodate the modern business environment. The Commission also had to consider whether the changes were fair and reasonable, and whether they provided adequate protections for the employees. The application sought to alter the existing terms to better reflect the realities of the current work environment, including changes in the industry standards and operational requirements.

After considering the submissions from both parties and the broader context of the industry, the Commission determined that the variations were necessary and in the best interests of both employees and the employer. The changes were deemed fair and reasonable, providing adequate protections while also allowing the employer to operate more efficiently. The Commission approved the variations to the specified clauses, recognising the need for updated terms that reflect current industry practices and ensure the agreement remains relevant and effective.

The final orders included the approval of the variations to clauses 3.10.7, 4.1.1, 7.1.1, and 7.3.3(b) of the Smith Brothers Plumbing Pty Ltd Onsite Construction Enterprise Agreement 2013. The new terms will be effective from the date of the decision, providing clarity and updated conditions for both employees and the employer.

SF Management Group Pty Ltd T/A Smith Brothers Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established