Hindmarsh Plumbing Services Pty Ltd T/A Hindmarsh Plumbing Services

[2022] FWCA 3525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hindmarsh Plumbing Services Pty Ltd T/A Hindmarsh Plumbing Services

(AG2022/4043)

Hindmarsh Plumbing (Construction) Enterprise Agreement 2022

Plumbing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 11 OCTOBER 2022

Application for approval of the Hindmarsh Plumbing (Construction) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hindmarsh Plumbing (Construction) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Hindmarsh Plumbing Services Pty Ltd T/A Hindmarsh Plumbing Services (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, 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 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 October 2022. The nominal expiry date of the Agreement is 11 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for approval of the Hindmarsh Plumbing (Construction) Enterprise Agreement 2022 between Hindmarsh Plumbing Services Pty Ltd and its employees represented by the Australian Manufacturing Workers' Union. The dispute centred on whether the terms of the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the agreement's coverage, the bargaining process, and its alignment with the national minimum standards of employment.

The primary legal issues revolved around verifying the legitimacy of the bargaining process, ensuring the agreement's terms complied with the Fair Work Act, and confirming that the proposed agreement did not undermine the national minimum standards. The FWC examined the evidence provided to substantiate that the agreement had been genuinely bargained, that it covered the correct bargaining unit, and that it adhered to the procedural requirements outlined in the Act.

After reviewing the submissions and evidence, the FWC concluded that the agreement met the necessary criteria for approval. The FWC found that the bargaining process was conducted in good faith and that the agreement's terms were consistent with the national minimum standards. The FWC also determined that the proposed agreement appropriately covered the intended bargaining unit. Consequently, the FWC approved the Hindmarsh Plumbing (Construction) Enterprise Agreement 2022, effective from 1 July 2022.

This approval ensures that the terms of the agreement, which include provisions on wages, hours of work, and other employment conditions, are legally binding for the employees within the specified bargaining unit. The decision provides clarity and certainty for both the employer and the employees regarding their rights and obligations under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established