DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Total Insulation (Victoria) Pty Ltd
(AG2017/5805)

TOTAL INSULATION (VIC) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2017

Application for variation of the Total Insulation (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a variation to the Total Insulation (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Total Insulation (Victoria) 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] 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 case involved an application by the employer, Total Insulation (Victoria) Pty Ltd, to vary certain provisions of the Total Insulation (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The dispute was brought before the Fair Work Commission, with the applicant seeking changes to the existing enterprise agreement. The legal issues before the Commission were primarily concerned with the procedural fairness of the application and the merits of the proposed changes to the enterprise agreement.

The Fair Work Commission examined the process by which the applicant had sought to make the changes to the enterprise agreement. The Commission considered whether the employer had properly engaged with the relevant union, CEPU, and if the proposed changes were justified and in line with the statutory requirements set forth in the Fair Work Act 2009. The Commission also evaluated the merits of the proposed changes, taking into account the interests of both the employer and the employees, as well as the broader economic and social context.

In reaching its decision, the Fair Work Commission found that the application process was procedurally fair and that the proposed changes were justified. The Commission was satisfied that the employer had adequately engaged with the union and that the changes were necessary to address specific issues within the workplace. Consequently, the Commission approved the application for variation of the enterprise agreement, with certain conditions and modifications to the proposed changes. The Fair Work Commission's decision balanced the interests of the employer and the employees, and ensured that the enterprise agreement remained fair and effective for both parties.

The Fair Work Commission made an order approving the application for variation of the Total Insulation (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019, with specific modifications to the proposed changes. The changes included adjustments to the proposed changes to the classification and remuneration of certain employees, as well as changes to the procedures for resolving disputes between the employer and the employees. The Fair Work Commission also directed that the new provisions of the enterprise agreement would take effect from a specified date, providing both parties with the necessary time to adapt to the changes.

Total Insulation (Victoria) 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