DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hindmarsh Plumbing Services Pty. Limited T/A Hindmarsh Plumbing Services
(AG2018/4688)

HINDMARSH PLUMBING SERVICES PTY. LTD (SERVICE TEAM) COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Collective 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 Hindmarsh Plumbing Services Pty. Limited T/A Hindmarsh Plumbing Services. 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] The Agreement was approved on 8 February 2019 and, in accordance with s.54, will operate from 15 February 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court of Australia heard an application for the approval of the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Collective Agreement 2018. The applicant, Hindmarsh Plumbing Services Pty. Limited, trading as Hindmarsh Plumbing Services, sought approval of the collective agreement which was made under the Fair Work Act 2009. The dispute arose from negotiations between the company and the Australian Licensed Plumbers & Gas Fitters Association, which represents the employees.

The primary legal issue before the court was whether the collective agreement met the requirements of section 232 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the fair and efficient operation of the workplace and was consistent with the principles of the Fair Work Act. The court also had to consider if the agreement provided for appropriate mechanisms for resolving disputes between the employer and employees.

The court found that the collective agreement did meet the statutory requirements. It provided for fair and efficient operation of the workplace and aligned with the principles of the Fair Work Act. The agreement contained provisions for the resolution of disputes, which the court deemed adequate. Consequently, the court approved the collective agreement, recognising it as a valid and enforceable instrument under the Fair Work Act.

As a result of the court's decision, the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Collective Agreement 2018 was approved and certified under the Fair Work Act 2009. The agreement now serves as a binding contract between the employer and the employees, governing their workplace relations.

Hindmarsh Plumbing Services Pty. Limited T/A Hindmarsh Plumbing Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established