DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Trustee for CGM Unit Trust T/A Collins & Graham Mechanical Pty Ltd
(AG2017/5499)

THE TRUSTEE FOR CGM UNIT TRUST TRADING AS COLLINS & GRAHAM MECHANICAL PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2017

Application for variation of the The Trustee for CGM Unit Trust trading as Collins & Graham Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the The Trustee for CGM Unit Trust trading as Collins & Graham Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 (the Agreement). The application was made by The Trustee for CGM Unit Trust T/A Collins & Graham Mechanical Pty Ltd 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] 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 22 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the variation of the Enterprise Agreement between The Trustee for CGM Unit Trust, trading as Collins & Graham Mechanical Pty Ltd, and the CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The applicant, the employer, sought to amend certain terms and conditions of the agreement to better align with the changing business environment and operational needs. The response came from the employees, represented by the CEPU, who opposed the proposed changes on various grounds, including concerns over employee rights and protections.

The court was tasked with determining whether the proposed changes were in line with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to assess if the changes met the criteria for a "good faith" negotiation and if they were fair and reasonable in all the circumstances. This involved examining the process of negotiation, the fairness of the proposed changes, and their impact on the employees' rights and protections.

In its decision, the court found that the proposed variations were indeed made in good faith and were fair and reasonable. The court noted that the negotiation process had been thorough and transparent, with ample opportunity for the employees to voice their concerns and for the employer to address them. The changes were deemed necessary to maintain the competitiveness and viability of the business, without unduly compromising the employees' rights and protections. The court also highlighted that the variations did not adversely affect the core conditions of employment and provided some benefits to the employees, such as enhanced job security and improved working conditions.

The court granted the application for variation, allowing the changes to the Enterprise Agreement to take effect. The new terms and conditions, as varied, were to be binding on both parties, subject to the provisions of the Fair Work Act and the Fair Work Regulations. This decision provided a resolution to the dispute and ensured that the Enterprise Agreement remained relevant and effective in the current business context.

The Trustee for CGM Unit Trust T/A Collins & Graham Mechanical 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