DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Core Plumbing Group Pty Ltd
(AG2019/3120)

CORE PLUMBING GROUP PTY LTD ENTERPRISE AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 SEPTEMBER 2019

Application for approval of the Core Plumbing Group Pty Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Core Plumbing Group Pty Ltd Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 September 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Core Plumbing Group Pty Ltd, the applicant, sought approval of an enterprise agreement with its employees for the period 2019-2022. The applicants argued that the agreement met all the necessary criteria for approval, including that it was made in good faith and provided for matters covered by the agreement. The employees of Core Plumbing Group Pty Ltd opposed the approval of the agreement, claiming that it failed to meet the requirements of the Fair Work Act 2009, particularly in relation to provisions on penalty rates and annual leave loading.

The central legal issues before the Commission were whether the enterprise agreement was made in good faith and whether it provided for matters that were within the scope of the agreement. The Commission needed to determine if the agreement satisfied the criteria set out in the Fair Work Act 2009, particularly section 230, which outlines the requirements for an enterprise agreement to be approved. The Commission also had to consider the arguments raised by the employees regarding the adequacy of the agreement in terms of penalty rates and annual leave loading.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the necessary provisions. The Commission noted that the agreement was the result of negotiations between the parties and included matters that were within its scope. Regarding the employees' concerns about penalty rates and annual leave loading, the Commission concluded that the agreement provided adequate protections and benefits for the employees. The Commission determined that the agreement met the criteria for approval under section 230 of the Fair Work Act 2009.

The Fair Work Commission approved the Core Plumbing Group Pty Ltd Enterprise Agreement 2019-2022, finding that it was made in good faith and contained all the necessary provisions. The Commission rejected the employees' objections and found that the agreement provided adequate protections and benefits for them.

Core Plumbing Group 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