DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tacoma Plumbing (Mackay) Pty Ltd
(AG2017/3961)

TACOMA PLUMBING (MACKAY) ENTERPRISE AGREEMENT 2017 - 2020

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 11 JANUARY 2018

Application for approval of the Tacoma Plumbing (Mackay) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tacoma Plumbing (Mackay) Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tacoma Plumbing (Mackay) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Tacoma Plumbing (Mackay) Pty Ltd, applied for the approval of the Tacoma Plumbing (Mackay) Enterprise Agreement 2017 - 2020 under the Fair Work Act 2009. The respondent, the Plumbing Trade Union of Australia, objected to the application on various grounds, including that the agreement did not meet the "better-off-overall test". The matter was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the terms of the proposed enterprise agreement were in compliance with the "better-off-overall test". This test requires that employees covered by the agreement be no worse off financially and, where possible, better off overall compared to their previous terms of employment or applicable awards. The Commission had to consider the financial implications of the proposed agreement for the employees, as well as its impact on their existing rights and entitlements.

After reviewing the submissions from both parties and the evidence presented, the Commission determined that the proposed agreement did, in fact, meet the "better-off-overall test". The Commission found that the agreement provided for improved conditions, including higher wages and better leave provisions, without disadvantaging the employees. As such, the Commission approved the application for the agreement to be made.

The Fair Work Commission approved the Tacoma Plumbing (Mackay) Enterprise Agreement 2017 - 2020, finding that it met the requirements of the "better-off-overall test". The agreement is now legally binding on the parties and will govern the employment conditions of the employees for the specified period.

Tacoma Plumbing (Mackay) 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