DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Franzmann Plumbing Pty Ltd
(AG2021/7)

FRANZMANN PLUMBING PTY LTD ENTERPRISE AGREEMENT 2021-2024

Plumbing industry
COMMISSIONER SPENCER	BRISBANE, 5 FEBRUARY 2021

Application for approval of the Franzmann Plumbing Pty Ltd Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Franzmann Plumbing Pty Ltd Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Franzmann Plumbing Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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In the matter of Franzmann Plumbing Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Franzmann Plumbing Pty Ltd Enterprise Agreement 2021-2024. The application was brought forth by Franzmann Plumbing Pty Ltd, a company within the plumbing and services industry, with the intention of having the proposed agreement recognised as a registered enterprise agreement. This was opposed by the Australian Plumbing and Allied Trades Union, which raised concerns over the terms and conditions stipulated within the agreement.

The primary legal issues before the Commission were whether the proposed agreement met the formal requirements for registration under the Fair Work Act 2009, and if the agreement was made in accordance with the procedural fairness requirements. Additionally, the Commission needed to assess whether the agreement complied with the better off overall test and the public interest test, which ensures that the agreement is not detrimental to the employees or the broader community.

The Commission began by examining the formal requirements of the agreement, which included assessing whether the agreement was in writing, contained a statement of its coverage, and was signed by a representative of the employer and the employees. The Commission found that the agreement met all the necessary formal requirements. Next, the Commission evaluated the procedural fairness of the agreement, taking into account the negotiation process and whether employees had the opportunity to participate in the process. The evidence presented demonstrated that the negotiation process was fair and transparent, and employees had an opportunity to be involved in the process. The Commission then considered the better off overall test, which required it to determine whether the agreement would provide employees with a benefit that outweighs any detriments. After reviewing the terms and conditions of the agreement, the Commission found that the agreement was likely to be better off overall for the employees. Finally, the Commission assessed whether the agreement complied with the public interest test, which requires that the agreement does not negatively affect the broader community. The Commission concluded that the agreement did not pose any adverse effects on the public interest.

In light of the findings, the Commission approved the Franzmann Plumbing Pty Ltd Enterprise Agreement 2021-2024 as a registered enterprise agreement. The agreement was registered with the Fair Work Commission on the date of the decision.

Franzmann Plumbing 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