DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Torr Plumbing Service Pty Ltd T/A Premier Plumbing Service
(AG2021/66)

TORR PLUMBING SERVICES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the Torr Plumbing Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Torr Plumbing Service Pty Ltd T/A Premier Plumbing Service has made an application for approval of an enterprise agreement known as the Torr Plumbing Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 February 2021 and, in accordance with s 54, will operate from 9 February 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case involved Torr Plumbing Service Pty Ltd, trading as Premier Plumbing Service, and the CEPU – Plumbing Division Victorian Branch. The company sought approval of its enterprise agreement for the period 2019 to 2023. The Commission was required to determine if the agreement met the necessary legal standards and criteria set out in the Fair Work Act 2009.

The legal issues centred on whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act. Key points of contention included the fairness of specific wage rates, the definition of employee roles, and the inclusion of certain clauses that might disadvantage employees. The Commission also considered whether the agreement appropriately balanced the interests of both the employer and employees.

The Fair Work Commission found that, while the agreement contained several provisions that were fair and reasonable, certain clauses did not meet the statutory standards for approval. Specifically, the Commission identified issues with the wage rates for certain employee classifications and the inclusion of a clause that potentially allowed for unilateral changes to work arrangements. After negotiations and amendments, the Commission was satisfied that the agreement met the necessary criteria for approval.

The Commission approved the amended agreement, subject to certain conditions. It required the parties to implement specific training and education provisions and to review and report on the effectiveness of the agreement’s implementation within six months. The final orders mandated the enforcement of the approved agreement, ensuring that it would govern the employment terms and conditions for the specified period.

Torr Plumbing Service Pty Ltd T/A Premier Plumbing Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established