P & R Mechanical Services Pty Ltd

[2024] FWCA 2731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

P & R Mechanical Services Pty Ltd

(AG2024/2620)

P & R MECHANICAL SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 25 JULY 2024

Application for approval of the P & R Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the P & R Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P & R Mechanical Services Pty Ltd. The Agreement is a single enterprise agreement.

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

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application by P & R Mechanical Services Pty Ltd and the CEPU – Plumbing Division (Vic) to approve the Plumbing Enterprise Agreement 2024 – 2027. The primary dispute centred around the terms and conditions outlined within the proposed agreement, specifically in relation to the wage rates, working hours, and dispute resolution mechanisms. The FWC was tasked with determining whether the agreement was in compliance with the relevant legislative provisions, including the Fair Work Act 2009.

The legal issues before the FWC involved assessing whether the proposed agreement met the criteria for approval under the Fair Work Act, including ensuring that the agreement did not undermine the safety net of minimum entitlements and was made in good faith. The FWC had to consider the fairness of the terms and conditions proposed, including the wage rates, overtime provisions, and the dispute resolution processes. Additionally, the FWC had to ensure that the agreement did not discriminate against any particular class of employee and that it provided for a minimum rate of pay that was not less than the applicable award or registered agreement rate.

The FWC carefully reviewed the submissions from both parties and examined the proposed agreement's provisions. The Commission found that the proposed agreement was fair and balanced, providing for reasonable wage rates and working conditions. The FWC confirmed that the agreement did not undermine the minimum safety net and was made in good faith. The FWC also found that the dispute resolution mechanisms were adequate and would provide a fair process for resolving any disputes that might arise. Based on this analysis, the FWC approved the agreement, finding it to be compliant with the Fair Work Act.

The FWC's decision concluded with the formal approval of the Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. The FWC's approval ensures that the agreement will be binding on the parties and will provide a clear framework for the employment relationship between P & R Mechanical Services Pty Ltd and its employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established