DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tintop Plumbing Unit Trust T/A Tintop Plumbing Pty Ltd
(AG2019/3255)

TINTOP PLUMBING PTY LTD ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the Tintop Plumbing Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tintop Plumbing Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tintop Plumbing Unit Trust T/A Tintop Plumbing Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of 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 was approved on 26 September 2019 and, in accordance with s.54, will operate from 3 October 2019. The nominal expiry date of the Agreement is 25 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tintop Plumbing Unit Trust T/A Tintop Plumbing Pty Ltd sought approval of the Tintop Plumbing Pty Ltd Enterprise Agreement 2019. The dispute centred on the terms of the enterprise agreement, which was intended to regulate the employment conditions of the company's employees. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and provided a fair and reasonable framework for the employees' terms and conditions of employment.

The central legal issues before the Commission involved the compliance of the enterprise agreement with the Fair Work Act 2009, particularly in relation to the coverage of employees, the negotiation process, and the substantive terms and conditions outlined within the agreement. The Commission had to consider whether the agreement was genuinely negotiated, whether it included all required minimum terms and conditions, and whether it was fair and reasonable in the context of the industry and the broader economic environment.

In its decision, the Fair Work Commission found that the enterprise agreement met the legislative requirements and was fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and covered all relevant employees. It was also satisfied that the agreement contained all the minimum terms and conditions mandated by the Fair Work Act and provided a fair and reasonable framework for the employees' terms and conditions of employment. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforced.

The Commission's final orders included the registration of the Tintop Plumbing Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. This approval enabled the agreement to be implemented, governing the employment conditions of the company's employees as per the terms outlined in the approved document.

Tintop Plumbing Unit Trust T/A Tintop Plumbing 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