Paragon Plumbing (Wa) Pty Ltd

[2022] FWCA 4168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Paragon Plumbing (Wa) Pty Ltd

(AG2022/4641)

PARAGON PLUMBING (WA) PTY LTD Mechanical Plumbing Enterprise Agreement 2022-2025

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 28 NOVEMBER 2022

Application for approval of the PARAGON PLUMBING (WA) PTY LTD Mechanical Plumbing Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the PARAGON PLUMBING (WA) PTY LTD Mechanical Plumbing Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paragon Plumbing (Wa) Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 5 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Paragon Plumbing (WA) Pty Ltd was brought before the commission to consider the application for approval of the Mechanical Plumbing Enterprise Agreement 2022-2025. The applicant, Paragon Plumbing (WA) Pty Ltd, sought the commission's approval of the agreement as a registered agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the mechanical plumbing industry.

The legal issues before the commission included whether the agreement met the criteria for registration under the Fair Work Act, such as ensuring it contained minimum terms and conditions, and was free from prohibited content. Additionally, the commission had to consider whether the agreement had been made in accordance with the procedural requirements of the act. This involved assessing whether the agreement was made with genuine bargaining, whether the parties had taken steps to ensure the agreement was in the best interest of the employees, and whether the agreement had been appropriately notified and registered.

The commission found that the agreement was made in accordance with the requirements of the Fair Work Act. It contained the necessary minimum terms and conditions and was free from prohibited content. The commission was satisfied that the agreement had been genuinely bargained and was in the best interest of the employees. The procedural requirements of the act were also met, as the agreement was properly notified and registered. Consequently, the commission approved the agreement as a registered agreement under the Fair Work Act 2009.

The final order of the commission was that the Mechanical Plumbing Enterprise Agreement 2022-2025 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of registration. The commission's decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment terms and conditions of the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established