Tobin Plumbing Pty Ltd

[2024] FWCA 2033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tobin Plumbing Pty Ltd

(AG2024/1810)

TOBIN PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2024

Application for approval of the Tobin Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Tobin Plumbing Pty Ltd has made an application for approval of an enterprise agreement known as the Tobin Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 3 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tobin Plumbing Pty Ltd, a company, and the CEPU – Plumbing Division (Vic). The dispute centred around the approval of a proposed enterprise agreement between the two parties. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal. The central legal issue was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission examined the proposed agreement to determine if it was a genuine enterprise agreement, as defined in the Act. This required consideration of whether the agreement was negotiated in good faith and covered a relevant bargaining unit. Furthermore, the Commission had to assess if the agreement was consistent with the provisions of the Act, including provisions relating to minimum wages and conditions. The Commission also had to determine if the agreement met the "better off overall test," ensuring that employees were not worse off under the new agreement compared to existing conditions.

The Commission concluded that the proposed agreement was a genuine enterprise agreement. It found that the agreement was negotiated in good faith and covered a relevant bargaining unit. The Commission was satisfied that the agreement complied with the Act and met the better off overall test. Consequently, the Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions for the employees covered by the agreement. This decision was based on the evidence presented, which demonstrated the agreement's benefits to the employees and the company.

The Fair Work Commission approved the Tobin Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. This approval meant that the agreement would become legally binding on the parties and would govern the terms and conditions of employment for the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established