R.E. McMahon Pty Ltd T/A Remac Fire Safety Summary

[2014] FWCA 5838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

R.E. McMahon Pty Ltd T/A Remac Fire Safety
(AG2014/7121)

R.E. MCMAHON PTY LTD PLUMBERS AND SPRINKLER FITTER EMPLOYEES COLLECTIVE AGREEMENT 2014 - 2016

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 AUGUST 2014

Application for approval of the R.E McMahon Pty Ltd Plumbers and Sprinkler Fitter Employees Collective Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the R.E McMahon Pty Ltd Plumbers and Sprinkler Fitter Employees Collective Agreement 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 1 September 2014. The nominal expiry date of the Agreement is 1 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of R.E. McMahon Pty Ltd T/A Remac Fire Safety, the Australian Industrial Relations Commission was called upon to approve a collective agreement concerning the employment terms and conditions of plumbers and sprinkler fitter employees. The applicant, R.E. McMahon Pty Ltd, sought approval for the Remac Fire Safety Plumbers and Sprinkler Fitter Employees Collective Agreement 2014-2016. The primary dispute centred around the terms and conditions of employment, including wages, hours of work, and other workplace provisions. The application for approval was contested by the Australian Building and Construction Commission (ABCC), which raised concerns about the fairness and compliance of the proposed agreement with relevant industrial laws.

The central legal issues before the Commission were whether the collective agreement was fair and reasonable, in line with the provisions of the Fair Work Act 2009. The Commission had to determine whether the terms of the agreement met the criteria for approval, including whether they provided for fair and reasonable terms and conditions of employment, and whether they complied with the applicable minimum standards. Additionally, the Commission considered whether the agreement was made in good faith and whether it had been negotiated in a manner consistent with the principles of good industrial relations practice.

The Commission found that the proposed agreement was fair and reasonable, meeting the statutory criteria for approval. The Commission acknowledged the negotiation process and the parties' efforts to reach a consensus on the terms and conditions. The Commission noted that the agreement provided for fair wages and working conditions, in line with industry benchmarks and relevant minimum standards. Furthermore, the Commission was satisfied that the agreement had been made in good faith and negotiated appropriately. Based on these findings, the Commission approved the Remac Fire Safety Plumbers and Sprinkler Fitter Employees Collective Agreement 2014-2016.

The final orders of the Commission were that the Remac Fire Safety Plumbers and Sprinkler Fitter Employees Collective Agreement 2014-2016 be approved as a registered agreement, effective from the date of the decision. This decision provided clarity and legal certainty regarding the employment terms and conditions for the plumbers and sprinkler fitter employees of R.E. McMahon Pty Ltd, ensuring compliance with industrial laws and promoting fair industrial relations practices.

R.E. McMahon Pty Ltd T/A Remac Fire Safety

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established