Howrah Plumbing Pty Ltd

[2022] FWCA 1940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Howrah Plumbing Pty Ltd

(AG2022/1491)

Howrah Plumbing Pty Ltd Enterprise Agreement 2022

Plumbing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 15 JUNE 2022

Application for approval of the Howrah Plumbing Pty Ltd Enterprise Agreement 2022.

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

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.

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.
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.

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 1 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Howrah Plumbing Pty Ltd applied to the Fair Work Commission for approval of the Howrah Plumbing Pty Ltd Enterprise Agreement 2022, which was executed on 1 April 2022. The Fair Work Commission is tasked with approving enterprise agreements to ensure they meet specific criteria set out in the Fair Work Act 2009. The legal issues before the Commission were whether the agreement contained the necessary provisions, was fairly negotiated, and complied with the procedural requirements of the Act.

The Commission found that the agreement contained all the necessary provisions, including minimum rates of pay, penalty rates, and provisions for leave. The negotiation process was deemed to be fair, as evidenced by the documentation provided. The procedural requirements of the Act were also satisfied, as the agreement was certified by an independent certified evaluator. The Commission noted that the agreement provided for a reasonable balance of rights and obligations between the employer and the employees.

Accordingly, the Fair Work Commission approved the Howrah Plumbing Pty Ltd Enterprise Agreement 2022. The approval means that the agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement. The decision underscores the importance of ensuring that enterprise agreements meet the necessary legal criteria to be approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established