20th Century Plumbing Pty Ltd

[2022] FWCA 3867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

20th Century Plumbing Pty Ltd

(AG2022/4068)

20th Century Plumbing Pty Ltd Enterprise Agreement 2022

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 3 NOVEMBER 2022

Application for approval of the 20th Century Plumbing Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the 20th Century Plumbing Pty Ltd Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 20th Century Plumbing Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the 20th Century Plumbing Pty Ltd Enterprise Agreement 2022, which was brought before the Fair Work Commission. The agreement was between the employer, 20th Century Plumbing Pty Ltd, and the employees represented by the Australian Plumbing and Mechanical Services Union of Workers. The primary dispute revolved around the terms and conditions outlined in the proposed agreement, including pay rates, working conditions, and dispute resolution mechanisms.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in accordance with the relevant provisions of the Act. Specifically, the court needed to determine if the agreement was in the best interests of the employees and whether it complied with the provisions relating to minimum entitlements, procedural fairness, and the avoidance of industrial action. The court also had to consider whether the agreement contained appropriate dispute resolution processes and whether it provided a fair and efficient means of resolving any future disputes between the parties.

The Fair Work Commission, in approving the agreement, found that the terms and conditions proposed in the Enterprise Agreement were fair and reasonable. The court examined the submissions from both the employer and the union, as well as any relevant evidence provided. It concluded that the agreement provided a balanced approach to the needs of both parties, with appropriate safeguards for employee protections and procedural fairness. The court also found that the agreement contained effective dispute resolution mechanisms that would facilitate the resolution of any future disputes in a timely and efficient manner. Based on these findings, the court approved the 20th Century Plumbing Pty Ltd Enterprise Agreement 2022.

In its decision, the Fair Work Commission approved the enterprise agreement, emphasising the balanced approach to the needs of both the employer and employees. The court considered the evidence and submissions from both parties, and found the agreement to be fair and reasonable. The final orders included the approval of the enterprise agreement, effective from the date of the decision, with the terms and conditions outlined within the agreement to apply to the employees of 20th Century Plumbing Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established