DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hindmarsh Plumbing Services Pty Ltd T/A Hindmarsh Plumbing Services
(AG2021/5624)

HINDMARSH PLUMBING SERVICES PTY. LTD (SERVICE TEAM) ENTERPRISE AGREEMENT 2021

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 9 JULY 2021

Application for approval of the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Plumbing Services Pty. Ltd (Service Team) Enterprise Agreement 2021 (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 Ltd 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2021. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Hindmarsh Plumbing Services Pty Ltd trading as Hindmarsh Plumbing Services was considered. The dispute involved an application for the approval of an enterprise agreement, specifically the Hindmarsh Plumbing Services Pty Ltd (Service Team) Enterprise Agreement 2021. The application was brought by the employer, Hindmarsh Plumbing Services Pty Ltd, seeking endorsement of the agreement by the Commission. The nature of the dispute centred on the terms and conditions of employment for the service team employees, including pay rates, hours of work, and other employment provisions.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the "better off overall test." The Commission had to determine if the agreement provided employees with terms and conditions that were no worse than the applicable award or modern award, and whether it provided them with a benefit that was at least equal to 10% of their total remuneration. Additionally, the Commission needed to assess if the agreement had been made in good faith and without coercion.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission was satisfied that the proposed agreement provided employees with terms and conditions that were at least as good as those provided under the relevant award. The Commission also concluded that the agreement had been made in good faith and without any element of coercion. The proposed agreement was deemed to provide employees with a benefit that exceeded the 10% threshold required under the Act, thus satisfying the better off overall test. The Commission approved the agreement, emphasising the importance of fair and equitable employment conditions.

The final orders of the Commission were that the Hindmarsh Plumbing Services Pty Ltd (Service Team) Enterprise Agreement 2021 be approved and registered. The agreement was to take effect from the date of the Commission's decision and would govern the employment conditions of the service team employees until further notice or until varied or replaced by a subsequent agreement.

Hindmarsh Plumbing Services Pty Ltd 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