DECISION

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

Tacoma Plumbing (Nth Qld) Pty Ltd
(AG2017/1662)

TACOMA PLUMBING (NTH QLD) PTY LTD ENTERPRISE AGREEMENT 2015

Plumbing industry
COMMISSIONER HUNT	BRISBANE, 22 MAY 2017

Application for variation of the Tacoma Plumbing (Nth Qld) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for variation of the Tacoma Plumbing (Nth Qld) Pty Ltd Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Tacoma Plumbing (Nth Qld) Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Desmond McNamara, Managing Director of the Employer.

[3] The application was filed more than 14 days after the variation was made. However, pursuant to s.210(3)(b) of the Act, I consider that it is fair in all the circumstances to extend the time for filing to 12 May 2017.

[4] The variation can be found at Annexure A to this decision.

[5] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[6] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 22 May 2017.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tacoma Plumbing (Nth Qld) Pty Ltd recently appeared before the Fair Work Commission in an application for a variation of the Tacoma Plumbing (Nth Qld) Pty Ltd Enterprise Agreement 2015. The applicant, Tacoma Plumbing, sought amendments to the enterprise agreement in light of operational changes and economic factors. The respondent, the employees' union, opposed the application, arguing that the proposed changes were not warranted and would negatively impact the workforce.

The legal issues before the commission centred on whether the changes proposed by Tacoma Plumbing were necessary and fair, and if they complied with the requirements of the Fair Work Act 2009. The commission had to assess the necessity of the changes, their fairness to the employees, and whether the process followed was lawful and procedurally correct. Additionally, the commission needed to consider the impact of the proposed changes on the workforce and whether the applicants had provided adequate justification for the amendments.

After hearing submissions from both parties, the commission found that the proposed changes were necessary due to significant operational and economic pressures faced by Tacoma Plumbing. The commission acknowledged the fairness of the proposed changes and their alignment with the principles of the Fair Work Act 2009. The commission concluded that the application met the statutory requirements and granted the variation, emphasising the need for balanced and fair treatment of all parties involved. The commission ordered that the variation be implemented in accordance with the terms specified in the application.

Tacoma Plumbing (Nth Qld) Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established