DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Plumbing Services Pty Ltd T/A Eastern Plumbing
(AG2018/2711)

EASTERN PLUMBING SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the Eastern Plumbing Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Plumbing Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Plumbing Services Pty Ltd T/A Eastern Plumbing. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] The Agreement was approved on 11 September 2018 and, in accordance with s.54, will operate from 18 September 2018. The nominal expiry date of the Agreement is 11 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Eastern Plumbing Services Pty Ltd, trading as Eastern Plumbing, applied to the Fair Work Commission for approval of the Eastern Plumbing Services Pty Ltd Enterprise Agreement 2018. The application was contested by the Australian Manufacturing Workers’ Union, who raised concerns regarding the terms of the agreement. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The primary legal issue the Commission needed to decide was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, if it contained provisions that were contrary to public policy, and if the agreement had been genuinely negotiated between the parties. Furthermore, the Commission needed to assess whether the agreement complied with the minimum entitlements set out in the relevant awards and whether the parties had followed the correct procedures in reaching the agreement.

The Commission began by examining the terms of the agreement and found that it generally provided for a fair and efficient workplace. However, the Commission noted that certain provisions regarding penalty rates and shift loadings were below the minimum entitlements set out in the relevant awards. Despite these deficiencies, the Commission determined that the agreement was genuinely negotiated and that the parties had followed the correct procedures in reaching the agreement. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. Given these findings, the Commission approved the agreement with modifications to ensure compliance with the relevant awards.

The Fair Work Commission approved the Eastern Plumbing Services Pty Ltd Enterprise Agreement 2018 with modifications to ensure compliance with the relevant awards. The modifications included adjustments to the penalty rates and shift loadings to align with the minimum entitlements set out in the relevant awards. The Commission's decision was based on the findings that the agreement was genuinely negotiated, that the parties had followed the correct procedures, and that the agreement did not contain any provisions that were contrary to public policy.

Eastern Plumbing Services Pty Ltd T/A Eastern Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established