| [2017] FWCA 5736 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.210—Enterprise agreement
Trio Plumbing (Aust) Pty Ltd T/A Trio Plumbing Australia
(AG2017/4824)
Trio Plumbing (Australia) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019
| Plumbing industry | |
| Deputy President Gostencnik | MELBOURNE, 3 NOVEMBER 2017 |
Application for variation of the Trio Plumbing (Australia) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 -2019.
An application has been made for approval of a variation to the Trio Plumbing (Australia) Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015 – 2019 (the Agreement). The application was made by Trio Plumbing (Aust) Pty Ltd T/A Trio Plumbing Australia 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.
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.
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 3 November 2017
DEPUTY PRESIDENT
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- AGLC
- Trio Plumbing (Aust) Pty Ltd T/A Trio Plumbing Australia [2017] FWCA 5736
- Case
- [2017] FWCA 5736
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the procedural fairness of the application process, the merits of the proposed changes, and whether the changes were in the interests of the employees. The applicants argued that the proposed variation was necessary to align the agreement with the current economic conditions and to address workforce shortages. The respondents, represented by the CEPU - Plumbing Division Victorian Branch, contended that the proposed changes would adversely affect the rights and conditions of the apprentices and did not adequately consult with the union.
In determining the application, the Commission assessed the procedural fairness of the application, considering whether there was adequate consultation and whether the application was made in good faith. The Commission also examined the merits of the proposed changes, assessing whether they were reasonable and necessary, and whether they were in the interests of the employees. The Commission found that while the application was procedurally fair, the proposed changes did not sufficiently demonstrate a pressing need or benefit to the apprentices. Consequently, the application was dismissed, and no variation to the existing enterprise agreement was made.
The Fair Work Commission dismissed the application for variation of the enterprise agreement, finding that the proposed changes were not in the best interests of the employees and did not adequately address the issues raised by the applicants.
Orders
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Background
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Evidence
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Decision
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