DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tacoma Plumbing (Nth Qld) Pty Ltd
(AG2018/2099)

TACOMA PLUMBING (NTH QLD) PTY LTD ENTERPRISE AGREEMENT 2018

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Tacoma Plumbing (Nth Qld) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tacoma Plumbing (Nth Qld) Pty Ltd Enterprise Agreement 2018 (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 (Nth Qld) Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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 application was not lodged within 14 days after the agreement was made. 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 is approved and, in accordance with s.54 of the Act, will operate from 26 September 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tacoma Plumbing (Nth Qld) Pty Ltd sought approval of an Enterprise Agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The respondents, including the Plumbing Industry Award Modernisation Project (PAMP) and various unions, opposed the approval on various grounds, including the absence of certain provisions and the potential for adverse effects on employees.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and Fair Work Regulations, including provisions for minimum rates of pay, penalty rates, and other employment conditions. The Commission had to determine if the agreement provided for the safety net for employees and if it was consistent with the purpose of the Act.

The Fair Work Commission found that the agreement was consistent with the safety net provisions of the Fair Work Act and did not unfairly discriminate against any group of employees. The Commission also considered the views of the respondents and the parties involved. The Commission was satisfied that the agreement provided for the minimum rates of pay, penalty rates, and other employment conditions and did not have an adverse effect on employees. The Commission approved the agreement subject to certain conditions.

The Fair Work Commission approved the Tacoma Plumbing (Nth Qld) Pty Ltd Enterprise Agreement 2018 subject to certain conditions, including the inclusion of specific provisions relating to payment of overtime and public holidays. The Commission also ordered that the agreement be published and that copies be provided to the parties and the Fair Work Ombudsman. The decision provides guidance on the requirements for Enterprise Agreements under the Fair Work Act and the role of the Fair Work Commission in approving such agreements.

Tacoma Plumbing (Nth Qld) 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