| [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
<AE517733 PR746684>
Annexure A
- AGLC
- Hindmarsh Plumbing Services Pty Ltd T/A Hindmarsh Plumbing Services [2022] FWCA 3525
- Case
- [2022] FWCA 3525
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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