DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Custom Plumbing Services Pty Ltd
(AG2020/2728)

CUSTOM PLUMBING SERVICES PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2020-2023

Plumbing industry
COMMISSIONER YILMAZ	MELBOURNE, 2 OCTOBER 2020

Application for approval of the Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Custom Plumbing Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 9 October 2020. The nominal expiry date of the Agreement is 9 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Custom Plumbing Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, which was the subject of a dispute. The employees, represented by a union, challenged the agreement, claiming it failed to meet certain statutory requirements.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, including whether it met the requirements for employee representation and the inclusion of certain mandated terms. The Commission needed to determine if the agreement was appropriately negotiated and if it contained all necessary provisions, such as minimum wage rates, classification, and other employment conditions.

The Commission examined the negotiation process and the content of the agreement, taking into account the submissions from both parties. It found that the agreement was indeed negotiated in good faith and contained all necessary mandated terms. The Commission was satisfied that the employee representatives were appropriately chosen and that the agreement met all statutory requirements for approval. As a result, the application for approval was successful.

The Fair Work Commission approved the Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2020-2023, determining that it was fairly negotiated and contained all necessary provisions as required by the Fair Work Act 2009. The agreement was therefore registered, effective from the date of the Commission's decision.

Custom Plumbing Services 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