DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.E. McMahon Pty Ltd T/A R.E. McMahon Remac Commercial and Industrial Plumbing Services
(AG2021/6440)

R.E. MCMAHON PTY LTD PLUMBERS AND TRADES ASSISTANTS ENTERPRISE AGREEMENT 2021-2023

Plumbing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 AUGUST 2021

Application for approval of the R.E. McMahon Pty Ltd Plumbers and Trades Assistants Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the R.E. McMahon Pty Ltd Plumbers and Trades Assistants Enterprise Agreement 2021-2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 August 2021. The nominal expiry date of the Agreement is 29 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved R.E. McMahon Pty Ltd, trading as R.E. McMahon Remac Commercial and Industrial Plumbing Services, which sought approval of an enterprise agreement with its employees. The matter was heard in the Fair Work Commission. The company sought to have the Fair Work Commission approve the Plumbers and Trades Assistants Enterprise Agreement 2021-2023, which it had negotiated with the union representing its employees.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the proper regulation of terms and conditions of employment, whether it contained only matters that were genuinely bargainable, and whether it was fair and reasonable in all its terms. The Commission also needed to ensure that the agreement complied with the good faith bargaining obligations and that it did not unfairly discriminate against any class of employee.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission was satisfied that the agreement provided for the proper regulation of terms and conditions of employment, contained only genuinely bargainable matters, and was fair and reasonable in all its terms. The Commission found that both parties had engaged in good faith bargaining and that the agreement did not unfairly discriminate against any class of employee. The Commission approved the agreement, and it came into effect on 1 July 2021.

No further orders were made by the Commission.

R.E. McMahon Pty Ltd T/A R.E. McMahon Remac Commercial and Industrial Plumbing Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established