DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Custom Plumbing Services Pty Ltd
(AG2016/4556)

CUSTOM PLUMBING SERVICES PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2016-2020

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2016-2020 (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 Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 11 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Custom Plumbing Services Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2016-2020. The applicant, Custom Plumbing Services Pty Ltd, sought to have the agreement registered, which would then be binding on all employees covered by the agreement. The dispute arose due to concerns about the fairness and compliance of the agreement with the relevant legislative framework, specifically the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement was genuinely a bargain between the employer and employees, whether it complied with the requirements of the Fair Work Act, and whether it met the "better-off, overall test." This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission considered whether the agreement appropriately balanced the interests of the employer and employees, including provisions on wages, working conditions, and dispute resolution mechanisms.

The Commission found that the agreement was a genuine bargain, reflecting a fair negotiation process between the employer and employees. The terms of the agreement were deemed to comply with the Fair Work Act, and it was concluded that employees would be better off overall under the new agreement. The balance of interests was considered fair, with appropriate provisions for wages, working conditions, and dispute resolution. Consequently, the Commission approved the application, and the agreement was registered, making it a legally binding contract between Custom Plumbing Services Pty Ltd and its employees.

As a result of the Commission's decision, the Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2016-2020 was approved and registered, effective from the date of the decision. This ruling ensures that the agreement will govern the employment conditions of the relevant employees, providing clarity and certainty in their working arrangements.

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