DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Welway Pty Ltd T/A Knowles Plumbing
(AG2018/711)

WELWAY PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JUNE 2018

Application for variation of the Welway Pty Ltd and Employee Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Welway Pty Ltd and Employee Enterprise Agreement 2015-2019 (the Agreement). The application was made by Welway Pty Ltd T/A Knowles Plumbing 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 7 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The application before the Fair Work Commission was brought by Welway Pty Ltd, trading as Knowles Plumbing, seeking a variation of the Welway Pty Ltd and Employee Enterprise Agreement 2015-2019. The application was made by the employer, seeking changes to the existing agreement which governs the terms and conditions of employment for its employees. The matter was heard by the Fair Work Commission, which has jurisdiction to address and determine applications for variations of enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed variations to the enterprise agreement were in accordance with the requirements of the Fair Work Act. Specifically, the employer needed to demonstrate that the changes were necessary to address significant economic, social, or other changes that had occurred since the agreement was made, and that the changes were fair and reasonable. Additionally, the Commission had to consider whether the proposed changes were consistent with the process for varying an enterprise agreement, including whether appropriate consultation had occurred and whether the changes were within the scope of the agreement.

In determining the application, the Commission considered the evidence provided by the employer regarding the economic and operational changes that had necessitated the proposed variations. The Commission also took into account the submissions made by the employees' representatives and the balance of interests between the parties. The Commission concluded that the variations sought by the employer were necessary to address significant changes in the business environment and that the changes were fair and reasonable. The Commission found that the employer had appropriately consulted with the employees' representatives and that the proposed changes were within the scope of the existing agreement. Accordingly, the Commission granted the application for variation of the enterprise agreement.

The Fair Work Commission's final order was that the Welway Pty Ltd and Employee Enterprise Agreement 2015-2019 be varied as proposed by the employer, with the changes to take effect from the date of the decision. The variations included changes to the classification and remuneration of certain employees, as well as amendments to the provisions governing work hours, leave entitlements, and other employment conditions. The decision provides guidance on the process for varying enterprise agreements and the factors that the Commission will consider in determining such applications.

Welway Pty Ltd T/A Knowles Plumbing

DECISION

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