Morrell Plumbing Pty Ltd

[2020] FWCA 881

[2020] FWCA 881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morrell Plumbing Pty Ltd
(AG2019/4792)

MORRELL PLUMBING ENTERPRISE AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 FEBRUARY 2020

Application for approval of the Morrell Plumbing Enterprise Agreement 2020.

[1] Morrell Plumbing Pty Ltd has applied for approval of a single enterprise agreement known as the Morrell Plumbing Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the mandatory terms, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 19 February 2020 and, notwithstanding clause 2.2.1 and in accordance with s.54 of the Act, will operate from 26 February 2020. The nominal expiry date of the Agreement is 26 December 2023.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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