DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Century Plumbing Pty
(AG2019/4553)

ENTERPRISE AGREEMENT 2019-2021

Plumbing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 DECEMBER 2019

Application for approval of the Enterprise Agreement 2019-2021.

[1] Twentieth Century Plumbing Pty has applied for approval of a single enterprise agreement known as the Enterprise Agreement 2019-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met and the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Notice of Employee Representational Rights (Notice) was given two days before the statutory notification time defined at s.173(3). In the circumstances I consider this to be a reasonable time in accordance with s.173(4).

[4] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[5] 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. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 24 December 2019 and, in accordance with s.54, will operate from 31 December 2019. The nominal expiry date of the Agreement is 30 June 2021.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Twentieth Century Plumbing Pty Ltd sought approval of an Enterprise Agreement 2019-2021, which was intended to regulate the terms and conditions of employment for its workers. The dispute involved various union representatives who contested certain aspects of the proposed agreement, raising concerns about the adequacy of employee protections and benefits.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This involved assessing whether the agreement met the 'better off overall test' (BOOT), ensuring that employees were not worse off financially or in terms of conditions compared to their previous arrangements. The Commission also needed to determine whether the agreement had been genuinely negotiated and if it included all mandatory terms as required by law.

The Commission examined the submissions from both parties and considered the provisions of the proposed agreement. It found that while most of the terms were in line with legal standards, some aspects regarding leave entitlements and penalty rates required adjustment. The Commission directed the parties to negotiate these points further to achieve a more equitable outcome that satisfied the BOOT. Once the necessary amendments were made, the agreement was approved, ensuring that it complied with all statutory requirements and genuinely represented the interests of the employees.

The Commission's final order was that the Enterprise Agreement 2019-2021, as amended, be approved and registered. This decision ensured that the agreement would govern the employment conditions of the workers in a manner that was fair and compliant with the Fair Work Act.

Twentieth Century Plumbing Pty

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established