DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hindmarsh Plumbing Services Pty Ltd T/A Hindmarsh Plumbing Services
(AG2016/3599)

HINDMARSH PLUMBING (WATER TREATMENT NON-SA) COLLECTIVE AGREEMENT 2016

Plumbing industry
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the Hindmarsh Plumbing (Water Treatment Non-SA) Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Plumbing (Water Treatment Non-SA) Collective Agreement 2016 (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 Applicant 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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hindmarsh Plumbing Services Pty Ltd, trading as Hindmarsh Plumbing Services, applied for approval of the Hindmarsh Plumbing (Water Treatment Non-SA) Collective Agreement 2016. The respondent was the Australian Plumbing and Gas Industry Employees' Union. The dispute centred around the terms and conditions of employment for water treatment workers in the plumbing industry, outside the state of South Australia. The key issues before the Commission were whether the terms of the proposed agreement were fair and reasonable and whether they complied with the relevant legislative framework.

The Commission considered several aspects of the agreement, including the classification of employees, wage rates, penalty rates, and other employment conditions. The parties presented submissions on these matters, with the union advocating for improved terms and conditions, while the employer argued for the reasonableness of the proposed terms. The Commission assessed the agreement against the criteria set out in the Fair Work Act 2009, focusing on whether the agreement provided for fair and reasonable terms and conditions, and whether it was consistent with the broader national system of industrial relations.

After reviewing the evidence and submissions, the Commission determined that the proposed agreement was fair and reasonable. The Commission found that the classification of employees, wage rates, and penalty rates were consistent with those in similar industries and regions. The Commission also noted that the agreement provided for appropriate safeguards and protections for employees, and that it complied with the relevant legislative provisions. Consequently, the application for approval of the agreement was approved.

The Commission's decision was based on the evidence presented and the applicable legal principles. The Commission concluded that the agreement met the necessary criteria for approval and was in the best interests of both employees and employers. The approval of the agreement ensures that water treatment workers in the plumbing industry, outside South Australia, have fair and reasonable terms and conditions of employment, while also maintaining a fair and efficient industrial relations system.

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