Custom Plumbing Services Pty Ltd
[2025] FWCA 67
•9 JANUARY 2025
| [2025] FWCA 67 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Custom Plumbing Services Pty Ltd
(AG2024/4956)
CUSTOM PLUMBING SERVICES PTY LTD & EMPLOYEES ENTERPRISE AGREEMENT 2024-2028
| Plumbing industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 9 JANUARY 2025 |
Application for approval of the Custom Plumbing Services Pty Ltd & Employees Enterprise Agreement 2024-2028
Introduction
Custom Plumbing Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Custom Plumbing Services Pty Ltd & Employees Enterprise Agreement 2024-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement will apply to employees who are covered by the Plumbing & Fire Sprinkler Award 2020 (the Award).
Delegates’ Rights Term
The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Appendix 4.
Definition of a Shiftworker for the Purposes of the National Employment Standards (NES)
The Agreement is silent on the additional weeks leave for an employee defined as a shiftworker. The Award contains an additional week of annual leave for shiftworkers in clause 24.2.
The Employer submitted that the shiftworker definition in the Award does not apply to its current workforce and will not apply during the term of the Agreement. Consequently, the Employer stated that the additional week of annual leave provided under clause 24.2 of the Award for shiftworkers is not relevant or applicable to this Agreement. I am therefore satisfied that it is reasonably foreseeable that the Employer will not engage shiftworkers as defined in the Award during the life of this Agreement.
Annual Leave
Clause 32.11 of the Agreement states that in the case of cashing out of annual leave the employee must be left with at least 20 days of accrued annual leave rather than 4 weeks pursuant to s. 93(2)(a) of the Act. This could be less beneficial for part-time employees.
The Employer provided an undertaking to address this issue.
Public Holidays
Clause 35.8 of the Agreement contains an exhaustive list of public holidays that employees are entitled to but does not provide an entitlement to any other day or part-day declared or prescribed to be observed within a State or Territory, as provided by s.115(1)(b) of the Act.
The Employer provided an undertaking to address this issue.
Notice of Termination
Clause 44.6 of the Agreement states that where the Employee fails to provide the required period of notice, the Employer may withhold any monies due to the Employee an amount up to that which would have been payable to the employee for the period of notice which the Employee failed to provide, had they worked ordinary hours during that period. This may contravene Chapter 2 part 2-2 of the Act.
The Employer provided an undertaking to address this issue.
National Employment Standards (NES) Precedence Term
The Agreement does not include a NES Precedence Term.
The Employer provided an undertaking to address this issue.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Appendix 3. 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2025. The nominal expiry date of the Agreement is 9 January 2029.
DEPUTY PRESIDENT
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