Meredith Roof Plumbing Pty Ltd Summary

[2025] FWCA 199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Meredith Roof Plumbing Pty Ltd

(AG2024/4905)

MEREDITH ROOF PLUMBING PTY LTD ENTERPRISE AGREEMENT 2024-2028

Plumbing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 JANUARY 2025

Application for approval of the Meredith Roof Plumbing Pty Ltd Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement to be known as the Meredith Roof Plumbing Pty Ltd Enterprise Agreement 2024-2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Meredith Roof Plumbing Pty Ltd (Employer). The Agreement is a single enterprise agreement.

On the application, the signatory for the Employees has not indicated their title with the Employer and/or Union. The Applicant provided a revised signature page on 16 January 2025 to the Commission reflecting the required information. I am satisfied that these corrections should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make the corrections.

Undertakings

The Employer has provided written undertakings dated 15 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Plumbing and Fire Sprinklers Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2025. The nominal expiry date of the Agreement is 20 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexture A

CaseChat Overview and Summary

In the Fair Work Commission, Meredith Roof Plumbing Pty Ltd applied for approval of the Enterprise Agreement 2024-2028. The applicant, a small to medium-sized business, sought to amend the terms and conditions of employment for its employees, which currently operate under the Plumbing and Gasfitting Industry Award. The union representing the employees contested the application, arguing that the proposed changes were detrimental to the workforce and not in accordance with the Fair Work Act.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement provided for terms and conditions that were no less favourable than those provided by the relevant award, as well as ensuring that the agreement had been made in good faith and without coercion. Additionally, the Commission considered whether the agreement met the "better off overall test" which required that employees be no worse off financially under the proposed agreement.

The Fair Work Commission found that the proposed Enterprise Agreement 2024-2028 met the criteria for approval. The Commission determined that the agreement was made in good faith and without coercion and that it provided for terms and conditions that were no less favourable than those provided by the relevant award. The Commission also concluded that the agreement met the better off overall test, as the financial implications of the proposed changes were not detrimental to the employees. The Commission noted that the proposed changes were reasonable and necessary to meet the operational needs of the business while ensuring the fair treatment of employees.

The Fair Work Commission approved the Enterprise Agreement 2024-2028, effective from the date of the decision. The agreement was to apply to all employees of Meredith Roof Plumbing Pty Ltd, and the terms and conditions outlined in the agreement were to take precedence over the provisions of the Plumbing and Gasfitting Industry Award. The decision provided clarity for both the employer and the employees regarding the terms of employment going forward.

Meredith Roof Plumbing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established