DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hindmarsh Plumbing Services Pty Ltd
(AG2020/1424)

HINDMARSH PLUMBING (CONSTRUCTION) ENTERPRISE AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 JUNE 2020

Application for approval of the Hindmarsh Plumbing (Construction) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Plumbing (Construction) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hindmarsh Plumbing Services Pty Ltd (Employer). 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, 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained a cross referencing error at clause 6.2.1.1. On 12 June 2020, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2020. The nominal expiry date of the Agreement is 1 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hindmarsh Plumbing Services Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, the Hindmarsh Plumbing (Construction) Enterprise Agreement 2020. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute involved the terms and conditions of employment for employees within the construction industry covered by the proposed agreement. The court was the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement complied with the formal requirements of the Act and whether it met the ‘better off overall test’. The Commission examined whether the agreement was made in good faith, involved proper bargaining, and provided employees with at least the national minimum safety net of entitlements. Additionally, the Commission assessed whether the agreement provided employees with terms and conditions that were at least as good as those provided under the applicable award or registered agreement.

In deciding the application, the Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the proposed agreement was made in good faith and involved proper bargaining. It also concluded that the agreement provided employees with terms and conditions that met or exceeded the national minimum safety net and were at least as good as those under the applicable award. The Commission approved the Hindmarsh Plumbing (Construction) Enterprise Agreement 2020, finding it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Hindmarsh Plumbing (Construction) Enterprise Agreement 2020, subject to the terms and conditions set out in the decision. This outcome allowed the agreement to be implemented, providing a new framework for the employment conditions of the relevant employees.

Hindmarsh Plumbing Services 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