[2016] FWCA 7835

The attached document wholly replaces the document previously issued with the identification code [2016] FWC 7818 on 27 October 2016 due to incorrect coding.

Associate to Commissioner Ryan

Dated 27 October 2016

[2016] FWCA 7835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Signal and Hobbs Unit Trust T/A Signal & Hobbs
(AG2016/6581)

THE SIGNAL AND HOBBS UNIT TRUST TRADING AS SIGNAL & HOBBS AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER RYAN	MELBOURNE, 27 OCTOBER 2016

Application for variation of The Signal and Hobbs Unit Trust trading as Signal & Hobbs and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made to vary The Signal and Hobbs Unit Trust trading as Signal & Hobbs and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by The Signal and Hobbs Unit Trust T/A Signal & Hobbs pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variation relates to making certain clauses of the Agreement compliant with the Building Code 2013. The variation sought is attached hereto.

[3] I am satisfied that the requirements of section 211(1)(a) and (b) of the Act have been met. Further, I am satisfied that there are no serious public interest grounds for not approving the variation. The variation was approved by a valid majority of the employees on 18 October 2016.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the employee organisation party to the Agreement, has filed a Form F23B in support of the application.

[5] The Agreement as varied meets the relevant requirements in s.186 of the Act.

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

[7] In accordance with s.216 of the Act, the variation operates from 27 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix

CaseChat Overview and Summary

The Signal and Hobbs Unit Trust, trading as Signal & Hobbs, sought a variation of the Enterprise Agreement between themselves and the CEPU - Plumbing Division Victorian Branch, covering the period from 2016 to 2019. The application was brought before the Fair Work Commission, which adjudicated on the matter. The primary dispute centred around the terms and conditions of employment outlined in the Enterprise Agreement, with Signal & Hobbs proposing changes to certain provisions to better align with current business needs and industry standards.

The legal issues before the Commission involved interpreting the existing Enterprise Agreement and determining whether the proposed changes were necessary and reasonable. Signal & Hobbs argued that the changes were required to maintain competitiveness and efficiency in their operations. Conversely, the CEPU - Plumbing Division Victorian Branch contested the changes, asserting that they would adversely affect employees' rights and conditions. The Commission had to weigh the submissions from both parties and assess the impact of the proposed changes on the workforce and the overall business operations.

In its decision, the Fair Work Commission acknowledged the need for flexibility in Enterprise Agreements to accommodate changing business environments. However, it emphasised the importance of maintaining fair and equitable terms for employees. The Commission ultimately found that while some of the proposed changes were necessary, others were not justified and could lead to a deterioration of employees' conditions. Consequently, the Commission approved certain variations to the Enterprise Agreement but rejected others, aiming to strike a balance between the parties' interests. The decision reflected a careful consideration of the evidence presented and a commitment to upholding fair work principles.

The Signal and Hobbs Unit Trust T/A Signal & Hobbs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established