Empire Plumbing & Drains Pty Ltd

[2024] FWCA 2030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Empire Plumbing & Drains Pty Ltd

(AG2024/1764)

EMPIRE PLUMBING & DRAINS PLUMBING ENTERPRISE AGREEMENT 2024-2028

Plumbing Industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 3 JUNE 2024

Application for approval of the Empire Plumbing & Drains Plumbing Enterprise Agreement 2024-2028

Introduction

Empire Plumbing & Drains Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Empire Plumbing & Drains Plumbing 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.

Form F17B

The Form F17B indicated that the Agreement was made on 9 April 2024 and that the application for approval was lodged 44 days later on 23 May 2024. Section 185(3) the Act provides that the application must be lodged no later than 14 days after agreement was made. The Employer provided submissions that the Form F17B contained a typographical error as the vote actually took place on 9 May 2024.

I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the Commission and do so pursuant to s.586(a) of the Act.

Section 186, 187, 188 and 190

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 10 June 2024. The nominal expiry date of the Agreement is 3 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Empire Plumbing & Drains Pty Ltd sought approval for the Enterprise Agreement 2024-2028. The agreement was between the company and its employees, represented by the United Voice union. The application for approval arose because the agreement needed to be assessed under the Fair Work Act 2009 to ensure compliance with the statutory requirements for enterprise agreements.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural and substantive provisions of the Act, and whether it met the "better off overall test." The Commission needed to ascertain if the agreement provided employees with a minimum rate of pay and conditions that were at least as good as those provided under the relevant award, and if it included adequate mechanisms for dispute resolution and flexibility.

The Commission found that the agreement was genuinely negotiated and met the necessary criteria under the Act. The agreement was procedurally valid as it was negotiated in good faith, and it provided for fair and efficient mechanisms for dispute resolution. Furthermore, the agreement's terms and conditions were assessed under the "better off overall test," and the Commission determined that the employees would be at least as well off, if not better off, compared to the applicable award. The agreement included provisions for pay rates, leave entitlements, and other conditions of employment that were considered fair and reasonable.

Accordingly, the Fair Work Commission approved the Empire Plumbing & Drains Plumbing Enterprise Agreement 2024-2028, finding it to be a lawful and fair agreement. The approval is effective from the date specified in the agreement, and it will govern the employment conditions of the employees for the period 2024 to 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established