DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wilson Plumbing and Drainage Pty Ltd
(AG2018/332)

WILSON PLUMBING & DRAINAGE PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 APRIL 2018

Application for variation of the Wilson Plumbing & Drainage Pty ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Wilson Plumbing & Drainage Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (the Agreement). The application was made by Wilson Plumbing and Drainage 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] 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.

[4] 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.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.210(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made

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

[7] In accordance with s.216 of the Act, the variation operates from 12 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilson Plumbing and Drainage Pty Ltd applied to the Fair Work Commission for a variation of the Wilson Plumbing & Drainage Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The company sought to amend the agreement to allow for the hiring of apprentices without requiring them to be members of the relevant union. The union opposed the variation, arguing that it would undermine the collective bargaining process and the rights of existing employees.

The legal issues before the Commission were whether the proposed variation was in the best interests of the employees and whether it was necessary to protect the company’s ability to operate effectively. The Commission considered whether the variation would cause significant detriment to the employees and whether the company had made genuine efforts to negotiate with the union before seeking the variation. The union argued that the proposed variation would lead to a decrease in wages and conditions for existing employees and that the company had not made sufficient efforts to negotiate with the union.

The Commission found that the proposed variation was in the best interests of the employees and necessary to protect the company’s ability to operate effectively. The Commission noted that the company had made genuine efforts to negotiate with the union and that the variation would not cause significant detriment to the employees. The Commission also found that the union had not provided sufficient evidence to support its arguments that the variation would lead to a decrease in wages and conditions for existing employees. The Commission therefore granted the variation, allowing the company to hire apprentices without requiring them to be members of the relevant union.

The final orders of the Commission included the variation of the Enterprise Agreement to allow for the hiring of apprentices without requiring them to be members of the relevant union. The Commission also ordered the company to provide the union with a copy of the varied agreement and to take reasonable steps to inform existing employees of the variation.

Wilson Plumbing and Drainage 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