Tobin Plumbing Pty Ltd ATF Frank Tobin Family Trust T/A Tobin Plumbing Pty Ltd

[2018] FWCA 4289

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Tobin Plumbing Pty Ltd ATF Frank Tobin Family Trust T/A Tobin Plumbing Pty Ltd

(AG2018/1143)

Tobin Plumbing Pty Ltd ATF Frank Tobin Family Trust and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019

Plumbing industry
Deputy President Gostencnik	MELBOURNE, 21 JULY 2018

Application for variation of the Tobin Plumbing Pty Ltd ATF Frank Tobin Family Trust T/A Tobin Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

An application has been made for approval of a variation to the Tobin Plumbing Pty Ltd ATF Frank Tobin Family Trust T/A Tobin Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Tobin Plumbing Pty Ltd ATF Frank Tobin Family Trust T/A Tobin Plumbing Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 21 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tobin Plumbing Pty Ltd, trading as Tobin Plumbing Pty Ltd, sought to vary the existing enterprise agreement with the CEPU - Plumbing Division Victorian Branch. The dispute centred on adjustments to the terms and conditions of employment within the company. The case was heard in the Fair Work Commission. The central legal issue revolved around whether the proposed changes to the enterprise agreement were in accordance with the relevant provisions of the Fair Work Act 2009, and whether the changes were fair and reasonable, as required by the statutory framework.

The Commission considered the applicant's arguments that the proposed changes were necessary to address operational challenges and enhance business efficiency. The applicant claimed that the changes were not prejudicial to the employees and were, in fact, beneficial in maintaining the long-term viability of the business. The Commission also examined submissions from the union, which argued that the proposed changes disproportionately impacted the employees' conditions and were not justified under the Act.

After thorough consideration of the evidence and submissions, the Commission determined that the proposed changes were not in compliance with the statutory requirements for a fair and reasonable enterprise agreement. The changes were found to adversely affect the employees' conditions without a corresponding benefit that could justify such alterations. Consequently, the application for variation was dismissed. The Commission highlighted the importance of maintaining a balance between the interests of the employer and the employees, ensuring that any changes to an enterprise agreement do not undermine the protections afforded to employees under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established