DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loxton Plumbing Service Pty Ltd
(AG2017/6119)

LOXTON PLUMBING SERVICE PTY LTD ENTERPRISE AGREEMENT 2017

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Loxton Plumbing Service Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Loxton Plumbing Service Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loxton Plumbing Service Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2018. The nominal expiry date of the Agreement is 15 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Loxton Plumbing Service Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2017. The application arose from negotiations between Loxton Plumbing and its employees represented by the United Voice union. The dispute centred on whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009. The Commission, presided over by Commissioner J. Smith, was tasked with determining if the agreement met the necessary criteria for registration, including that it facilitated a fair and efficient workplace.

The legal issues before the Commission involved whether the agreement provided for minimum pay rates, classification of employees, and other terms and conditions that were fair and equitable. The Commission examined if the agreement met the "better off overall test" and if it included any provisions that might unfairly discriminate against certain employees. Additionally, the Commission needed to ensure that the agreement was not inconsistent with any relevant federal or state laws.

The Commission found that the Enterprise Agreement 2017 met all statutory requirements. The agreement provided for minimum wage rates that aligned with industry standards and offered fair and reasonable terms for the employees. The Commission concluded that the agreement was consistent with federal laws and did not unfairly discriminate against any group of employees. Furthermore, the Commission determined that the agreement satisfied the better off overall test, as it provided for better terms and conditions than those available under the relevant award. As a result, the Commission approved the Loxton Plumbing Service Pty Ltd Enterprise Agreement 2017 for registration.

The final orders of the Commission were that the Loxton Plumbing Service Pty Ltd Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be binding on all employees of Loxton Plumbing Service Pty Ltd and the relevant employers, and it was to remain in force for the duration specified within the agreement.

Loxton Plumbing Service 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