Master Plumbers Association of South Australia Inc

[2023] FWCA 74

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Master Plumbers Association of South Australia Inc

(AG2022/5350)

MASTER PLUMBERS ASSOCIATION OF SOUTH AUSTRALIA INC APPRENTICE ENTERPRISE AGREEMENT 2022

Plumbing industry
COMMISSIONER YILMAZ	MELBOURNE, 10 JANUARY 2023

Application for approval of the Master Plumbers Association of South Australia Inc Apprentice Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Master Plumbers Association of South Australia Inc Apprentice 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 Master Plumbers Association of South Australia Inc. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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, will operate from 17 January 2023. The nominal expiry date of the Agreement is 17 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Plumbers Association of South Australia Inc applied to the Fair Work Commission for approval of the Master Plumbers Association of South Australia Inc Apprentice Enterprise Agreement 2022. The applicants sought to have the agreement approved under the Fair Work Act 2009, which requires that certain conditions are met, including that the agreement meets the "better off overall test". The respondents to the application were the Office of the Fair Work Ombudsman and two unions, the Australian Manufacturing Workers Union and the United Voice. The unions opposed the approval of the agreement, arguing that it did not meet the better off overall test.

The legal issues that the Commission was required to decide included whether the agreement met the statutory requirements for approval, including the better off overall test, and whether the application was made in accordance with the relevant provisions of the Fair Work Act. The Commission considered the evidence and submissions from the parties and examined the terms of the agreement to determine if it met the statutory requirements. The Commission also considered whether the agreement was in the interests of the employees and the broader community.

The Commission found that the agreement met the statutory requirements for approval, including the better off overall test. The Commission considered that the agreement provided for a fair and reasonable outcome for employees and that it was in the interests of the broader community. The Commission noted that the agreement provided for a significant increase in wages and improved conditions for apprentices, and that it would provide for greater certainty and stability in the plumbing industry. The Commission also found that the application was made in accordance with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the Master Plumbers Association of South Australia Inc Apprentice Enterprise Agreement 2022, subject to certain modifications. The modifications included changes to the agreement to ensure that it met certain minimum standards, including standards relating to maximum weekly hours and penalty rates. The Commission noted that the modifications were minor and did not detract from the overall fairness and reasonableness of the agreement. The Commission also noted that the agreement would provide for significant benefits for apprentices in the plumbing industry, including improved wages and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established