DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transcend Plumbing & Gasfitting Pty Ltd T/A Transcend Plumbing
(AG2015/5883)

TRANSCEND PLUMBING & GASFITTING PTY LTD ENTERPRISE AGREEMENT 2015-2018

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the Transcend Plumbing & Gasfitting Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Transcend Plumbing & Gasfitting Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transcend Plumbing & Gasfitting Pty Ltd T/A Transcend Plumbing. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement was approved on 12 November 2015 and, in accordance with s.54, will operate from 19 November 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Transcend Plumbing & Gasfitting Pty Ltd Enterprise Agreement 2015 - 2018. The dispute arose from negotiations between the employer, Transcend Plumbing & Gasfitting Pty Ltd, and the union, the United Voice Union of Australia. The agreement was put forward for approval under the Fair Work Act 2009, and the union sought approval to ensure the terms and conditions of employment were fair and reasonable for the employees.

The primary legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act, specifically whether it complied with the "better off overall test" and whether it contained any terms that were contrary to public policy or not reasonably necessary for the protection of employees' interests. Additionally, the Commission had to determine if the agreement was made in good faith and whether the necessary procedural requirements were followed during the negotiation process.

In its decision, the Commission found that the enterprise agreement met the requirements of the Act. The agreement was deemed to be better off overall for the employees as it provided for a range of benefits, including wage increases and improved working conditions. The Commission was satisfied that the agreement was made in good faith and that all necessary procedural requirements were followed. The terms of the agreement were not found to be contrary to public policy or unnecessarily restrictive.

The Commission approved the Transcend Plumbing & Gasfitting Pty Ltd Enterprise Agreement 2015 - 2018, effective from 1 January 2015, and registered it under the Fair Work Act. The agreement was set to expire on 31 December 2018, at which point further negotiations would need to be undertaken to establish a new agreement.

Transcend Plumbing & Gasfitting Pty Ltd T/A Transcend Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established