Shinners Plumbing Pty Ltd T/A Shinners Plumbing

[2023] FWCA 3072

[2023] FWCA 3072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shinners Plumbing Pty Ltd T/A Shinners Plumbing

(AG2023/3191)

SHINNERS PLUMBING PTY LTD ENTERPRISE AGREEMENT 2023

Plumbing industry
DEPUTY PRESIDENT BELL	MELBOURNE, 22 SEPTEMBER 2023

Application for approval of the Shinners Plumbing Pty Ltd Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Shinners Plumbing Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Shinners Plumbing Pty Ltd. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 4 July 2023 and the Agreement was made on 5 September 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. The Employer has provided written undertakings. A copy of the undertakings is 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

2. The Agreement was approved on 22 September 2023 and, in accordance with s.54, will operate from 29 September 2023. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

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