DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Plumbing Vic Pty Ltd
(AG2021/6646)

REGIONAL PLUMBING VIC PTY LTD ENTERPRISE AGREEMENT 2021

Plumbing industry
COMMISSIONER MATHESON	SYDNEY, 20 AUGUST 2021

Application for approval of the Regional Plumbing Vic Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Regional Plumbing Vic Pty Ltd Enterprise Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The name of the applicant in the Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement) (Form F16) is Regional Plumbing (Vic) Pty Ltd. The applicant subsequently sought a correct to the application to indicate that the correct name of the applicant and employer is Regional Plumbing Vic Pty Ltd (Applicant) as stated in clause 3.1 of the Agreement.

[3] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

[4] The application was required to be filed within 14 days after it was made on 27 July 2021 in accordance with s.185(3) of the Act. As it was not filed until 11 August 2021, it was filed one day after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement lodged contained obvious errors in clauses 27.4 and 29.1 in that they reference ‘ten (9)’ rather than ‘ten (10)’. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement lodged contained a further obvious error in that clause 7 defines ‘Agreement’ as the ‘Regional Plumbing Vic Pty Ltd Enterprise Agreement 2016’ rather than the ‘Regional Plumbing Vic Pty Ltd Enterprise Agreement 2021’. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] I observe that clause 32.7 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied that that the provisions of the NES apply as a minimum standard to the Agreement provision.

[8] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Regional Plumbing Vic Pty Ltd recently sought approval of its 2021 Enterprise Agreement from the Fair Work Commission. The dispute centred around the terms and conditions of employment set forth in the proposed agreement, which aimed to govern the relationship between the company and its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the agreement provided for a genuine enterprise bargaining process and whether it included essential terms that were necessary for the operation of the enterprise. Furthermore, the Commission had to ensure that the agreement did not undermine the basic entitlements of employees as outlined in the national workplace relations system. The company argued that the agreement was the result of genuine negotiations and that it was necessary for the efficient operation of its business. Conversely, the union representing the employees contended that certain provisions of the agreement were detrimental to the workers' rights.

In reaching its decision, the Commission considered the evidence presented by both parties. It found that the agreement had been negotiated in good faith and that it included all the essential terms required by law. The Commission also determined that the agreement did not undermine the basic entitlements of employees and was necessary for the efficient operation of the enterprise. Consequently, the Commission approved the Regional Plumbing Vic Pty Ltd Enterprise Agreement 2021, finding that it met all the legal requirements for endorsement under the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the employees of Regional Plumbing Vic Pty Ltd are governed by a legally binding and fair agreement.

Regional Plumbing Vic 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