Torr Plumbing Services Pty Ltd Summary

[2024] FWCA 2953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Torr Plumbing Services Pty Ltd

(AG2024/2884)

TORR PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 12 AUGUST 2024

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

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

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have 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.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 40: Compassionate leave – stillbirth.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Torr Plumbing Services Pty Ltd, a company engaged in the plumbing industry, and the CEPU - Plumbing Division (Vic), a trade union representing employees in the plumbing sector, were parties to an enterprise agreement spanning from 2024 to 2027. This agreement was put forward for approval by the Fair Work Commission (FWC). The application for approval arose from negotiations between the employer and the union aimed at establishing terms and conditions for employees, which included wages, working hours, and other employment-related matters. The FWC was tasked with determining whether the agreement met the legal standards and obligations under the Fair Work Act 2009.

The primary legal issues before the FWC involved assessing whether the agreement complied with the requirements set forth by the Fair Work Act 2009. This included ensuring that the agreement was made in good faith, that it was properly negotiated, and that it contained essential minimum terms and conditions as mandated by the Act. The FWC also had to consider whether the agreement was in the best interests of the employees it covered and whether it adhered to the provisions of the Safety Net Amendment Act (No. 2) 2021, which introduced new safety net provisions.

In reaching its decision, the FWC examined the details of the agreement, including the negotiation process and the content of the agreement itself. The Commission found that the agreement was made in good faith and that it was properly negotiated. It was determined that the agreement contained all the essential minimum terms and conditions required by the Fair Work Act 2009, and that it was in the best interests of the employees. The FWC also concluded that the agreement complied with the new safety net provisions introduced by the Safety Net Amendment Act (No. 2) 2021. Based on these findings, the FWC approved the agreement, recognising it as a lawful and fair enterprise agreement between Torr Plumbing Services Pty Ltd and the CEPU - Plumbing Division (Vic).

The final orders of the FWC approved the Torr Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the Commission's decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between the parties for the duration of the agreement. The decision ensured that both the employer and the union could proceed with the implementation of the agreement, confident that it met all necessary legal requirements and protections under the Fair Work Act 2009.

Torr Plumbing Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established