DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Plumbers and Mechanical Contractors Association of NSW
(AG2016/2797)

PLUMBER & ELECTRICIAN TO THE RESCUE ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 11 MAY 2016

Application for approval of the Plumber & Electrician to the Rescue Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Plumber & Electrician to the Rescue Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Master Plumbers and Mechanical Contractors Association of NSW. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2016. The nominal expiry date of the Agreement is 10 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Plumbers and Mechanical Contractors Association of NSW applied to the Fair Work Commission for approval of the Plumber & Electrician to the Rescue Enterprise Agreement 2016-2019. The application was contested by the Electrical Trades Union of Australia and the United Voice union. The dispute primarily centred around whether the agreement met the criteria for being deemed as a low-paid industry agreement and the appropriate minimum rates of pay to be stipulated in the agreement.

The key legal issues before the Commission included whether the agreement satisfied the requirements for being classified as a low-paid industry agreement under the Fair Work Act 2009 and whether the proposed minimum rates of pay were fair and reasonable. The Commission needed to determine whether the proposed rates adequately reflected the low-paid nature of the industry and the economic circumstances of the employees involved. Additionally, the Commission examined whether the agreement provided for fair and reasonable terms and conditions, including adequate protection for employees' entitlements and rights.

After considering the evidence and submissions from the parties, the Commission determined that the agreement did not meet the criteria for a low-paid industry agreement. The Commission found that the proposed minimum rates of pay did not adequately reflect the low-paid nature of the industry and the economic circumstances of the employees. Consequently, the Commission varied the agreement by setting minimum rates of pay that it considered fair and reasonable. The Commission concluded that the varied agreement met all the necessary criteria for approval under the Fair Work Act.

The Commission approved the agreement with the specified variations to the minimum rates of pay, ensuring that it now adequately reflected the low-paid nature of the industry and provided fair and reasonable terms and conditions for employees.

Master Plumbers and Mechanical Contractors Association of NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established