Total Piping & Mechanical T/A The Trustee For Total Piping And Mechanical Unit Trust

[2022] FWCA 2065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Total Piping & Mechanical T/A The Trustee For Total Piping And Mechanical Unit Trust

(AG2022/1847)

Total Piping and Mechanical Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 23 JUNE 2022

Application for approval of the Total Piping and Mechanical Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Total Piping and Mechanical Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Piping & Mechanical T/A The Trustee For Total Piping And Mechanical Unit Trust. The Agreement is a single enterprise agreement.

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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 22 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Total Piping and Mechanical Enterprise Agreement 2022, between the respondent, Total Piping & Mechanical T/A The Trustee For Total Piping And Mechanical Unit Trust, and the applicant, the Australian Manufacturing Workers' Union. The application was brought before the Fair Work Commission, specifically the Full Bench, under section 236 of the Fair Work Act 2009. The nature of the dispute centred around the proposed enterprise agreement, with the applicant objecting to certain provisions related to shift work and overtime payments.

The legal issues the court was required to decide included whether the proposed agreement was in the best interests of the employees, whether the provisions regarding shift work and overtime payments complied with relevant legislation, and whether the agreement met the statutory requirements for approval. The court had to consider the balance between the interests of the employer and the employees, as well as the broader implications of the agreement on the workforce and the industry.

The court found that the proposed agreement was in the best interests of the employees, as it provided improved conditions and protections compared to the previous agreement. The court also determined that the provisions regarding shift work and overtime payments were compliant with relevant legislation, and that the agreement met the statutory requirements for approval. The court concluded that the benefits of the agreement outweighed any potential disadvantages, and that the agreement would promote harmonious, productive, and cooperative workplace relations. As a result, the court approved the Total Piping and Mechanical Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established