National Plumbing Services Pty Ltd

[2013] FWCA 8094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Plumbing Services Pty Ltd
(AG2013/10650)

NATIONAL PLUMBING SERVICES PTY LTD - ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER DEEGAN	CANBERRA, 15 OCTOBER 2013

Application for approval of the National Plumbing Services Pty Ltd - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Plumbing Services Pty Ltd - Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Plumbing Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2013. The nominal expiry date of the Agreement is 15 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Plumbing Services Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement made under Part 3-2 of the Fair Work Act 2009. The agreement was made between the company and its employees, represented by the Australian Manufacturing Workers Union. The applicants sought approval of the agreement under section 186 of the Act, asserting that it met the "better off overall test" and did not contain any provisions that were contrary to public policy. The dispute arose from the respondents' objections to the application, primarily concerning the provisions related to casual employees and their entitlements.

The central legal issue before the court was whether the provisions of the proposed enterprise agreement met the "better off overall test" and were compliant with the Fair Work Act. The respondents argued that the agreement did not satisfy the test because it failed to provide adequate protections for casual employees. They contended that the agreement allowed for casual employees to be employed on terms and conditions that were less favourable than those provided for in the applicable awards or in registered agreements, thereby failing to meet the requirement that employees be "better off overall."

The court examined the provisions of the agreement and the evidence provided by both parties. It determined that the agreement did indeed meet the "better off overall test." The court found that the provisions for casual employees were reasonable and provided adequate protections, including provisions for penalty rates and leave entitlements. The court also concluded that the agreement did not contain any provisions that were contrary to public policy. Consequently, the court approved the enterprise agreement, finding that it met all the statutory requirements under the Fair Work Act.

The final order of the court was the approval of the National Plumbing Services Pty Ltd - Enterprise Agreement 2013, subject to the conditions outlined in the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees from the effective date specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established