DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Plumbing Services Pty Ltd
(AG2017/2268)

NATIONAL PLUMBING SERVICES PTY LTD - ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 2 OCTOBER 2017

Application for approval of the National Plumbing Services Pty Ltd - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the National Plumbing Services Pty Ltd – Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Plumbing Services 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2017. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

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 the National Plumbing Services Pty Ltd - Enterprise Agreement 2017. The applicants to the agreement were the employer and the Plumbing Industry Employees Union of Australia. The dispute arose from the application, with the union objecting to the approval on several grounds. The matter was heard in the Fair Work Commission, which had to decide whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was in the public interest and met the procedural requirements under the Fair Work Act. The union argued that the agreement did not adequately protect employees' rights and conditions, and that there had been procedural flaws in the agreement-making process. The employer contended that the agreement was fair and in the public interest, and that any procedural issues were minor and did not invalidate the agreement. The Commission had to weigh the evidence and arguments from both parties to determine whether the agreement could be approved.

After considering the evidence and arguments, the Commission found that the agreement was in the public interest and met the procedural requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees, and that any procedural issues did not significantly impact the agreement-making process. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both parties. The union's objection to the approval of the agreement was dismissed.

The Fair Work Commission approved the National Plumbing Services Pty Ltd - Enterprise Agreement 2017. The union's objection to the approval was dismissed, and the agreement was found to be in the public interest and met the procedural requirements for approval under the Fair Work Act. This decision provides clarity for employers and employees in the plumbing industry regarding the terms and conditions of employment under the approved enterprise agreement.

National Plumbing Services 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