Eastern Plumbing Services Pty Ltd

[2023] FWCA 849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eastern Plumbing Services Pty Ltd

(AG2023/584)

EASTERN PLUMBING SERVICES PTY LTD ENTERPRISE AGREEMENT 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MARCH 2023

Application for approval of the Eastern Plumbing Services Pty Ltd Enterprise Agreement 2023

Eastern Plumbing Services Pty Ltd has made an application for approval of an enterprise agreement known as the Eastern Plumbing Services Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 21 March 2023 and, in accordance with s 54, it will operate from 28 March 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eastern Plumbing Services Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Eastern Plumbing Services Pty Ltd Enterprise Agreement 2023. The application was brought by the employer, Eastern Plumbing Services Pty Ltd, seeking approval of the proposed enterprise agreement. The agreement was made between the employer and the plumbers' union, aiming to establish terms and conditions of employment for the employees of the company.

The legal issues before the Commission involved the compliance of the proposed agreement with the relevant legislative framework, specifically the Fair Work Act 2009. The Commission had to consider whether the agreement met the statutory requirements for enterprise agreements, such as ensuring that it provided for a direct relationship between the employer and employees, did not discriminate against any class of employee, and did not contain provisions that would undermine the right to free association. The union argued that certain provisions of the agreement were unfair and did not adequately protect the employees.

The Commission found that the proposed agreement largely met the statutory requirements for approval. The provisions were deemed to be in line with the legislative framework, ensuring a direct relationship between the employer and employees and upholding the right to free association. The Commission also noted that the agreement contained provisions that provided for a fair and reasonable outcome for the employees, despite the union's concerns. The Commission approved the application and accepted the proposed agreement as meeting the requirements of the Act.

As a result of the decision, the Fair Work Commission approved the Eastern Plumbing Services Pty Ltd Enterprise Agreement 2023. The agreement will now govern the terms and conditions of employment for the employees of the company, effective from the date of the decision. The decision serves as a precedent for future enterprise agreements in the industry, highlighting the importance of ensuring compliance with the legislative framework while balancing the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established