DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mullane Construction Plumbing Pty Ltd
(AG2016/6774)

MULLANE CONSTRUCTION PLUMBING PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Mullane Construction Plumbing Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Mullane Construction Plumbing Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mullane Construction Plumbing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 November 2016 and, in accordance with s.54, will operate from 21 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mullane Construction Plumbing Pty Ltd, an applicant, sought approval of an enterprise agreement entered into between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission was tasked with assessing the agreement to determine if it complied with the relevant legislative provisions and public interest considerations. The dispute centred on the fairness and compliance of various provisions within the agreement, including those relating to wages, hours of work, and other employment conditions.

The primary legal issues before the Commission were whether the provisions of the enterprise agreement were fair and whether they complied with the requirements of the Fair Work Act 2009. In particular, the Commission needed to assess if the agreement's terms were consistent with the 'better off overall test', ensuring that employees were not worse off financially and that the agreement did not unfairly disadvantage any party. Additionally, the Commission examined if the agreement was consistent with public interest considerations, including ensuring that the terms did not undermine the broader objectives of industrial relations law.

The Commission found that the enterprise agreement met the 'better off overall test' and was consistent with the public interest. The agreement provided for reasonable wages and conditions, taking into account the economic circumstances of the parties and the industry. The Commission noted that the agreement allowed for flexibility in the working arrangements, which was necessary to accommodate the needs of the business and the employees. Furthermore, the Commission found that the agreement did not contain any provisions that would undermine the broader objectives of industrial relations law or the public interest. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Mullane Construction Plumbing Pty Ltd Enterprise Agreement 2016-2019, finding it to be fair and consistent with the requirements of the Fair Work Act 2009 and the public interest. The agreement was registered, and the terms and conditions set out in the agreement became binding on the parties from the effective date.

Mullane Construction Plumbing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established