Morrell Plumbing Pty Ltd Atf Morrell Family Trust

Case •

[2025] FWCA 460

•

5 FEBRUARY 2025
[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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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.

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