DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hindmarsh Plumbing Services Pty Ltd T/A Hindmarsh Plumbing Services
(AG2016/3601)

HINDMARSH PLUMBING (CONSTRUCTION) COLLECTIVE AGREEMENT 2016

Plumbing industry
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the Hindmarsh Plumbing (Construction) Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Plumbing (Construction) 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 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.

[7] 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 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Hindmarsh Plumbing Services Pty Ltd, trading as Hindmarsh Plumbing Services, which sought approval of a collective agreement from the Fair Work Commission. The nature of the dispute was focused on whether the agreement met the statutory requirements under the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner D.J. Ward, was tasked with deciding this matter.

The central legal issue before the Commission was whether the collective agreement, titled "The Hindmarsh Plumbing (Construction) Collective Agreement 2016," complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it covered employees who were genuinely willing to be covered, and whether it contained all the required minimum terms and conditions as outlined in the legislation.

The Fair Work Commission reviewed the agreement in detail, considering evidence from both parties. The Commission found that the agreement was made in good faith and covered employees who were genuinely willing to be part of it. Furthermore, the Commission determined that the agreement contained all the required minimum terms and conditions. Consequently, the Commission approved the collective agreement, finding it to be compliant with the statutory requirements.

As a result of the Commission's decision, the Hindmarsh Plumbing (Construction) Collective Agreement 2016 was formally approved. This decision validated the agreement, allowing it to be implemented between the employer and the employees covered by the 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