Melbourne Hydronic Heating Pty Ltd

[2013] FWCA 8580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Hydronic Heating Pty Ltd
(AG2013/9863)

MELBOURNE HYDRONIC HEATING PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER RYAN	MELBOURNE, 31 OCTOBER 2013

Application for approval of the Melbourne Hydronic Heating Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Hydronic Heating Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Melbourne Hydronic Heating Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertaking have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 7 November 2013. The nominal expiry date of the Agreement is 6 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Melbourne Hydronic Heating Pty Ltd applied for the approval of its enterprise agreement under section 188 of the Fair Work Act 2009. The respondents, represented by the Australian Council of Trade Unions and the Australian Services Union, objected to the application, arguing that the agreement did not meet the "better off overall test" and contained provisions that were not in the best interests of the employees. The matter was heard in the Fair Work Commission, presided over by Deputy President Lodder.

The central legal issues before the Commission were whether the proposed enterprise agreement was fair and whether it met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided employees with terms and conditions that were at least as good as those provided under the applicable award or registered agreement, and if the agreement was in the best interests of the employees. The respondents argued that certain clauses in the agreement, such as those relating to overtime, penalty rates, and casual loading, did not meet the better off overall test and were not in the employees' best interests.

The Commission found that the proposed agreement met the better off overall test and was in the best interests of the employees. The Deputy President considered the evidence presented by both parties, including expert economic evidence, and concluded that the agreement provided employees with improved terms and conditions, including higher pay rates and better access to paid leave. The Commission also found that the provisions relating to overtime, penalty rates, and casual loading were fair and reasonable, taking into account the specific circumstances of the workplace. Based on these findings, the Deputy President approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Melbourne Hydronic Heating Pty Ltd Enterprise Agreement 2013. The agreement, which provides for improved terms and conditions for employees, is now registered under the Fair Work Act. The Deputy President's decision confirms that the agreement meets the better off overall test and is in the best interests of the employees, and it will now govern the employment relationship between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established