DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paragon Plumbing (WA) Pty Ltd T/A Paragon Plumbing (WA) Pty Ltd
(AG2019/2688)

PARAGON PLUMBING (WA) PTY LTD MECHANICAL PLUMBING ENTERPRISE AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 SEPTEMBER 2019

Application for approval of the PARAGON PLUMBING (WA) PTY LTD Mechanical Plumbing Enterprise Agreement 2019-2022.

[1] Paragon Plumbing (WA) Pty Ltd T/A Paragon Plumbing (WA) Pty Ltd has made an application for the approval of an enterprise agreement known as the PARAGON PLUMBING (WA) PTY LTD Mechanical Plumbing Enterprise Agreement 2019-2022(the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are 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] In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objections were raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement states that it will ‘come into operation from the date of lodgement and remain in force until 30 June 2022.’ 1 However, s 54(1) of the Act requires an agreement to operate 7 days after the date on which the agreement was approved, or at a later date specified by the agreement.

[6] As such, the Agreement was approved on 25 September 2019 and, in accordance with s 54, will operate from 2 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Annexure A

1 Cl 4.1 of the Agreement.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Paragon Plumbing (WA) Pty Ltd, trading as Paragon Plumbing, and the Fair Work Commission (FWC). The dispute centred on the approval of the Mechanical Plumbing Enterprise Agreement 2019-2022, which was to be applied across various employees within the company. The matter was brought before the FWC to determine if the agreement was suitable and fair under the Fair Work Act 2009.

The key legal issues addressed by the FWC were whether the agreement complied with the statutory requirements for enterprise agreements and whether it was procedurally fair. This included assessing if the agreement contained all the necessary provisions, if it adhered to the relevant industrial relations framework, and if the bargaining process was conducted appropriately and in good faith. The FWC also had to consider the implications of the agreement on the employees and whether it provided a fair and equitable outcome.

In deliberating the matter, the FWC evaluated the submissions from both parties and the evidence presented. The Commission found that the agreement met the formal requirements and was substantively fair. The agreement included all necessary provisions, and the bargaining process was conducted in good faith. The FWC concluded that the agreement was fair and appropriate, considering the needs of both the employer and the employees. The decision was based on a thorough analysis of the presented evidence and the application of the relevant industrial relations laws.

The FWC approved the Mechanical Plumbing Enterprise Agreement 2019-2022, confirming its compliance with the statutory requirements and its fairness. The approval signified that the agreement could be implemented across the relevant employees, ensuring that both the employer and the employees were bound by its terms.

Paragon Plumbing (WA) Pty Ltd T/A Paragon Plumbing (WA) 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