DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Watson Fitzgerald & Associates Pty Ltd
(AG2020/2780)

WATSON FITZGERALD & ASSOCIATES PTY LTD PLUMBING MECHANICAL SERVICES ON SITE ENTERPRISE AGREEMENT 2020-2022

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 OCTOBER 2020

Application for variation of the Watson Fitzgerald & Associates Pty Ltd Plumbing Mechanical Services on Site Enterprise Agreement 2020-2022.

[1] An application has been made for approval of a variation to the Watson Fitzgerald & Associates Pty Ltd Plumbing Mechanical Services on Site Enterprise Agreement 2020-2022 (the Agreement). The application was made by Watson Fitzgerald & Associates 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 8 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Watson Fitzgerald & Associates Pty Ltd recently appeared before the Fair Work Commission, which was tasked with considering an application for a variation of the Plumbing Mechanical Services on Site Enterprise Agreement 2020-2022. The applicant, a company in the plumbing and mechanical services industry, sought changes to the existing agreement which governs the terms and conditions of employment for its employees.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were in line with the provisions of the Fair Work Act 2009. Specifically, the applicant sought to modify various aspects of the agreement, including wages, working hours, and conditions of employment. The Commission had to determine if these changes were fair and reasonable, and whether they complied with the procedural requirements set out in the Act.

The Commission carefully examined the application and the evidence presented by both parties. It considered the impact of the proposed changes on the employees and the overall fairness of the agreement. After assessing the arguments and evidence, the Commission concluded that the applicant had not adequately demonstrated that the changes were fair and reasonable. Consequently, the application for variation was dismissed, and the existing enterprise agreement remained in effect.

In light of the findings, the Fair Work Commission did not make any new orders but upheld the existing Plumbing Mechanical Services on Site Enterprise Agreement 2020-2022. The decision underscores the importance of ensuring that any proposed changes to enterprise agreements are both fair and reasonable, and that all procedural requirements are met.

Watson Fitzgerald & Associates 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