DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Who Group Trades and Labour Pty Ltd
(AG2021/4445)

WHO GROUP TRADES & LABOUR PTY LTD AND CEPU - PLUMBING DIVISION (VIC) LABOUR HIRE ENTERPRISE AGREEMENT 2018 - 2019

Plumbing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 APRIL 2021

Application for termination of the Who Group Trades & Labour Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018-2019.

[1] Who Group Trades and Labour Pty Ltd (the Applicant) has applied to terminate its Who Group Trades & Labour Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018 - 2019 (the Agreement), under s.225 of the Fair Work Act 2009 (Cth) (Act).

[2] The Agreement is expressed to cover employees of the Applicant engaged in the classifications described at clause 2 therein. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative at the time the Agreement was approved, is noted as covered by the Agreement pursuant to s.201(2) of the Act.

[3] The Agreement was approved on 26 April 2019, commenced on 3 May 2019 and has a nominal expiry date of 31 October 2019.

[4] Mr David Mahony (Managing Director of the Applicant) provided a statutory declaration in support of the application, in which he declared that there is no need for the continued operation of the Agreement as it is no longer engaging in the work that is covered by this agreement and no longer employs any employees covered by the agreement.

[5] The CEPU was given an opportunity to provide any views to the Commission in relation to the application. The CEPU advised that it did not oppose the application.

[6] In the circumstances, I have decided to determine the application on the papers.

[7] Having regard to the materials before the Commission and the matters I am required to take into account pursuant to s.226 of the Act:

(a) I am satisfied that termination of the Agreement is not contrary to the public interest; and

(b) I consider that it is appropriate to terminate the Agreement taking into account all the circumstances, including the views expressed to the Commission by the employer and the CEPU.

[8] There is nothing before me which raises considerations that might militate against termination of the Agreement.

[9] For the above reasons, pursuant to ss.226 and 227 of the Act, I terminate the Agreement with immediate effect.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, Who Group Trades and Labour Pty Ltd, the applicant, sought the termination of the Who Group Trades & Labour Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018-2019. The dispute involved the applicant's contention that the agreement was no longer appropriate due to significant changes in the labour market and business operations, which rendered the terms of the agreement ineffective.

The primary legal issue before the commission was whether the applicant had satisfied the criteria for terminating the enterprise agreement under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that there were significant changes in the workforce, the nature of the business, or the labour market that made the existing agreement inappropriate. The applicant argued that the changes necessitated a new agreement to reflect current realities and ensure the business's viability and competitiveness.

In assessing the application, the commission considered the evidence presented regarding the changes in the workforce, business operations, and the labour market. The commission determined that the applicant had not adequately demonstrated that the changes were significant enough to warrant the termination of the existing agreement. The evidence provided did not clearly establish that the changes were so substantial that they rendered the agreement inappropriate. Consequently, the commission rejected the application, finding that the applicant had not met the required threshold for terminating the enterprise agreement. As a result, the existing agreement remained in effect.

Who Group Trades and Labour 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