Master Plumbers Association of South Australia Inc.

[2018] FWCA 2320

[2018] FWCA 2320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Master Plumbers Association of South Australia Inc.
(AG2017/6629)

MASTER PLUMBERS ASSOCIATION OF SOUTH AUSTRALIA INC APPRENTICE ENTERPRISE AGREEMENT 2017

Plumbing industry
COMMISSIONER HAMPTON	ADELAIDE, 24 APRIL 2018

Application for approval of the Master Plumbers Association of South Australia Inc Apprentice Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Master Plumbers Association of South Australia Inc Apprentice Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Master Plumbers Association of South Australia Inc. The Agreement is a single-enterprise agreement.

[2] On receipt of the application, the Commission raised a number of issues with the applicant employer. On 13 April 2018, the matter was assigned to the Commission as presently constituted to deal with the application.

[3] On 19 April 2018, I conducted a hearing of the parties to seek clarification about aspects of the Agreement. In light of the additional information provided about the process leading to the Agreement, and certain other matters set out below, I am satisfied that the Agreement should be approved.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. Without dealing with all of those requirements, I find that the process leading to the endorsement of the Agreement by a valid majority of employees who voted, was consistent with the requirements of the Act. This includes that the Notice of Employee Representational Rights was issued at the time that the employer initiated the bargaining; and that all relevant employees were given a genuine opportunity to vote on the agreement having been provided with the requisite information, and advised of the required details. The Agreement was genuinely made.

[5] I have raised some points of clarification about the intended operation of the Agreement in light of approval requirements including the interaction with the National Employment Standards and the Better Off Overall Test of s.193 of the Act.

[6] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved. These undertaking are responsive to the concerns raised by the Commission as they relate to ss.186 and 187 of the Act.

[7] I have sought the views of the bargaining representatives, who support the undertakings. The undertakings do not result in substantial changes to the Agreement and no employee will be disadvantaged or suffer financial detriment. As a result, I have accepted the undertakings pursuant to s.190 of the Act, and with the approval of the instrument, the undertakings are taken to be a term of the Agreement.

[8] I also note that in relation to the adjustment of wages and allowances under clause 17.3 and Appendix A, the rates within the Agreement will be adjusted to reflect any increases to the relevant modern awards as determined from time to time. That is, the rates in the Agreement will be adjusted by the same percentage (or flat dollar) increase granted by the Commission.

[9] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE428121  PR602228>