DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Howrah Plumbing Pty Ltd
(AG2019/3072)

HOWRAH PLUMBING PTY LTD ENTERPRISE AGREEMENT 2019-2021

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Howrah Plumbing Pty Ltd Enterprise Agreement 2019-2021

[1] Howrah Plumbing Pty Ltd has made an application for approval of an enterprise agreement known as the Howrah Plumbing Pty Ltd Enterprise Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 September 2019 and, in accordance with s 54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Howrah Plumbing Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Howrah Plumbing Pty Ltd Enterprise Agreement 2019-2021. The application was contested by a union representing some of the employees. The union argued that the agreement did not meet the requirements of the Fair Work Act 2009 (Cth) and that it should not be approved. The Fair Work Commission was tasked with determining whether the agreement was an eligible agreement and if it met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the agreement constituted a lawful enterprise agreement under the Act. The union contended that the agreement did not fairly reflect the terms and conditions of employment and that it failed to meet the "better off overall test" under section 173 of the Act. The employer argued that the agreement was a genuine enterprise agreement and met all the necessary criteria for approval. The Commission had to consider whether the agreement was made in good faith and whether it provided for terms and conditions of employment that were at least as good as the applicable award or safety net.

The Commission found that the agreement was an enterprise agreement and that it was made in good faith. The Commission also found that the agreement provided for terms and conditions of employment that were at least as good as the applicable award or safety net. The Commission was satisfied that the agreement met the "better off overall test" and that it fairly reflected the terms and conditions of employment. The Commission approved the Howrah Plumbing Pty Ltd Enterprise Agreement 2019-2021.

Howrah Plumbing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established