DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Comfort Plumbing Services Pty Ltd
(AG2019/373)

TOTAL COMFORT PLUMBING SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2019

Application for approval of the Total Comfort Plumbing Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Total Comfort Plumbing Services 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 Total Comfort Plumbing Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement was approved on 31 May 2019 and, in accordance with s.54, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Total Comfort Plumbing Services Pty Ltd, the Fair Work Commission was asked to consider an application for the approval of the Total Comfort Plumbing Services Pty Ltd Enterprise Agreement 2018. The applicant, Total Comfort Plumbing Services Pty Ltd, sought the Commission's approval of the agreement as a modern award. The dispute involved the terms and conditions of employment under the proposed agreement, which was intended to replace an existing enterprise agreement. The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the provisions regarding the facilitation, improvement and protection of employees' employment and workplace relations.

The Commission examined the agreement to determine if it facilitated, improved and protected employees' employment and workplace relations. It assessed the agreement against various statutory criteria, including whether it provided for the protection of employees' rights and entitlements, whether it was free from coercion and undue influence, and whether it provided for the fair and efficient resolution of workplace disputes. The Commission also considered whether the agreement had been genuinely agreed upon by the parties and whether it complied with the procedural requirements for the approval of enterprise agreements.

The Commission concluded that the agreement met the statutory criteria for approval. It found that the agreement provided for the protection of employees' rights and entitlements, was free from coercion and undue influence, and provided for the fair and efficient resolution of workplace disputes. The Commission was satisfied that the agreement had been genuinely agreed upon by the parties and that it complied with the procedural requirements for the approval of enterprise agreements. Accordingly, the Commission approved the Total Comfort Plumbing Services Pty Ltd Enterprise Agreement 2018 as a modern award, effective from the date of the decision.

The Fair Work Commission approved the Total Comfort Plumbing Services Pty Ltd Enterprise Agreement 2018 as a modern award. The approval is effective from the date of the decision and will replace the existing enterprise agreement. The parties are bound by the terms and conditions of the approved agreement, which provides for the protection of employees' rights and entitlements, the fair and efficient resolution of workplace disputes, and other matters relating to employment and workplace relations. The approval of the agreement ensures that the parties are governed by a modern award that meets the statutory requirements for enterprise agreements under the Fair Work Act 2009.

Total Comfort Plumbing Services Pty Ltd

DECISION

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