DECISION

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

Tacoma Plumbing (Mackay) Pty Ltd
(AG2014/8315)

TACOMA PLUMBING (MACKAY) ENTERPRISE AGREEMENT 2014 - 2017

Plumbing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Tacoma Plumbing (Mackay) Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tacoma Plumbing (Mackay) Enterprise Agreement 2014 - 2017 (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] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 12 December 2014. The nominal expiry date of the Agreement is 31 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tacoma Plumbing (Mackay) Pty Ltd, a company engaged in plumbing services in the Mackay region, sought approval for its Enterprise Agreement 2014-2017, which was to govern the employment terms of its employees. The Fair Work Commission (FWC) was tasked with assessing the agreement for its compliance with the Fair Work Act 2009. The applicants were represented by counsel, while the respondents, including various unions, were also represented.

The primary legal issues before the Commission were whether the agreement provided fair and reasonable terms of employment and whether it adhered to the provisions of the Fair Work Act, including the requirement for good faith bargaining. The Commission also needed to determine whether the agreement met the standard of being "better off overall" for the employees and if it complied with the National Employment Standards and other legislative requirements.

The Commission examined the submissions and evidence from both parties, focusing on the negotiation process, the terms of the agreement, and the impact on the employees. The Commission concluded that the agreement was the result of genuine good faith bargaining and that it provided fair and reasonable terms for the employees. The agreement was found to be better off overall for the employees when compared to the applicable awards, and it met the legislative requirements set out in the Fair Work Act. Therefore, the Commission approved the Tacoma Plumbing (Mackay) Enterprise Agreement 2014-2017.

As a result of the Commission's approval, the Enterprise Agreement will now be registered and enforceable, governing the employment terms for the employees of Tacoma Plumbing (Mackay) Pty Ltd for the period from 1 January 2014 to 31 December 2017. This decision sets a precedent for the terms of employment in the plumbing industry within the Mackay region, ensuring that employees benefit from fair and reasonable terms as negotiated between the employer and the unions.

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