Planet Plumbing Group Pty Ltd Summary

[2014] FWCA 4955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Planet Plumbing Group Pty Ltd
(AG2014/6137)

PLANET PLUMBING GROUP PTY LTD ENTERPRISE AGREEMENT WESTERN AUSTRALIA 2014-2016

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JULY 2014

Application for approval of the Planet Plumbing Group Pty Ltd Enterprise Agreement Western Australia 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Planet Plumbing Group Pty Ltd Enterprise Agreement Western Australia 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Planet Plumbing Group Pty Ltd for approval of an enterprise agreement with its employees in Western Australia, spanning the years 2014 to 2016. The Fair Work Commission (FWC) was tasked with assessing whether the agreement met the legal standards for approval under the Fair Work Act 2009. The legal issues that needed to be addressed included whether the agreement provided for minimum pay rates, allowed for individual flexibility arrangements, and complied with the requirements for direct agreements and independent assessment. The Commission also had to consider whether the agreement had been made in good faith and whether it promoted harmonious, productive, and cooperative workplace relations.

In examining the agreement, the FWC noted that it provided for minimum pay rates and included provisions for individual flexibility arrangements, which were deemed compliant with the statutory requirements. The agreement was also found to be a direct agreement as it did not reference any industry award or agreement, which was consistent with the Act. However, the Commission found that the agreement did not adequately address the requirement for independent assessment. Despite this, the FWC concluded that the agreement was made in good faith and promoted harmonious, productive, and cooperative workplace relations. The Commission further determined that the minor non-compliance with the independent assessment requirement did not significantly detract from the overall fairness of the agreement.

The FWC approved the enterprise agreement, recognising that while there was a minor deficiency in the independent assessment provision, the agreement largely met the legal standards for approval. The FWC found that the benefits of the agreement, particularly in terms of promoting workplace harmony and productivity, outweighed the minor compliance issue. The approval was granted on the condition that the employer and employees would work towards rectifying the independent assessment requirement within the stipulated timeframe.

The final orders included the approval of the enterprise agreement, with a requirement for the parties to address the independent assessment issue within 12 months from the date of the decision. This decision highlights the FWC's balanced approach in assessing enterprise agreements, where minor non-compliance issues can be overlooked if the overall benefits of the agreement are significant.

Planet Plumbing Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established