Morrell Plumbing Pty Ltd Atf Morrell Family Trust

[2025] FWCA 460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Morrell Plumbing Pty Ltd Atf Morrell Family Trust

(AG2024/5059)

MORRELL PLUMBING ENTERPRISE AGREEMENT 2024

Plumbing industry
COMMISSIONER P RYAN	SYDNEY, 5 FEBRUARY 2025

Application for approval of the Morrell Plumbing Enterprise Agreement 2024

Morrell Plumbing Pty Ltd ATF Morrell Family Trust (Employer) has made an application for approval of an enterprise agreement known as the Morrell Plumbing Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 29A of the Plumbing and Fire Sprinklers Award 2020 is taken to be a term of the Agreement.

National Employment Standards

I observe that clause 2.4.2 of the Agreement provides that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 February 2025. The nominal expiry date of the Agreement is 31 October 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Morrell Plumbing Pty Ltd, acting through the Morrell Family Trust, applied to the Fair Work Commission for approval of the Morrell Plumbing Enterprise Agreement 2024. The application arose from negotiations between the employer and its employees, seeking to formalise terms and conditions of employment. The dispute centred on whether the proposed agreement complied with the relevant legislative framework and whether it met the standards set for enterprise agreements under Australian labour law.

The primary legal issues the Commission was required to address included whether the agreement adequately provided for the employees' rights and entitlements, if the negotiation process was genuine and in good faith, and whether the agreement included provisions for minimum wage rates and other essential terms as required by law. Additionally, the Commission needed to assess if the agreement contained appropriate dispute resolution mechanisms and whether it had been properly presented to the employees for their consideration and vote.

In reaching its decision, the Commission examined the negotiation process and found it to be conducted in good faith, with adequate opportunities provided for employee participation. The agreement was found to include all required minimum terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Commission concluded that the proposed agreement was fair and reasonable, and therefore approved it under the relevant legislation. The Commission's approval ensures that the agreement will now serve as a legally binding contract between the employer and the employees, governing their future employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established