Glenmore Park Plumbing & Drainage Pty Ltd

[2013] FWCA 1654

[2013] FWCA 1654

FAIR WORK COMMISSION

DECISION

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

Glenmore Park Plumbing & Drainage Pty Ltd
(AG2013/5016)

GLENMORE PARK PLUMBING & DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2013 - 2016

Plumbing industry
COMMISSIONER BULL	SYDNEY, 18 MARCH 2013

Application for approval of the Glenmore Park Plumbing & Drainage Pty Ltd Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Glenmore Park Plumbing & Drainage Pty Ltd Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 7 - Hours of work, provides for an ordinary span of hours between 6:00am to 6:00pm and weekly ordinary hours of 40 hours per week. The Plumbing and Fire Sprinklers Award 2010 (the Award), being the relevant modern award for the application of the better off overall test as per s.193(1) of the Act, provides for an ordinary span of hours from 7:00am to 6:00pm and weekly ordinary hours of 38 hours per week. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in the Agreement are significantly higher, and compensate for the additional increase in the span of working hours and the additional two ordinary working hours per week. On this basis I am satisfied that the increase in the ordinary span of hours satisfies the better off overall test.

Undertakings

[3] The Commission questioned subclause 4.1.1 of the Agreement and in particular, apprentices being employed as weekly hire employees. The Commission notes that at clause 12.1 - Notice of termination the Agreement does not refer to the notice of termination provided to weekly hire employees. An undertaking with respect to clause 4.1.1, and any termination related to weekly hire employees will be in accordance with the National Employment Standards, has been provided by the Applicant.

[4] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] I have sought the views of the bargaining representatives in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertaking provided.

Model Flexibility Term

[6] The Commission advised the Applicant that clause 7.8 - Hours Flexibility of the Agreement did not meet the requirements of the model flexibility term as required by the Act. The Applicant has requested that the Model Flexibility Term be adopted as a term of the Agreement. Pursuant to s.202(4) of the Act, the Model Flexibility Term, as found at Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

[7] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[8] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 25 March 2013. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

Annexure A

Annexure B

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