DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A Plus Plumbing (ACT) Pty Ltd
(AG2019/5023)

A PLUS PLUMBING (ACT) PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 JANUARY 2020

Application for approval of the A Plus Plumbing (ACT) Pty Ltd and Employees Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the A Plus Plumbing (ACT) Pty Ltd and Employees Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A Plus Plumbing (ACT) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 31 January 2020 and, in accordance with s.54, will operate from 7 February 2020. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

A Plus Plumbing (ACT) Pty Ltd, the applicant, applied to the Fair Work Commission for approval of the A Plus Plumbing (ACT) Pty Ltd and Employees Enterprise Agreement 2019-2023. The applicant's employees opposed the agreement, raising concerns about its compliance with the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, which was required to determine whether the agreement met the necessary legal standards.

The primary legal issue was whether the enterprise agreement satisfied the requirements set out in the Fair Work Act. The court had to consider several factors, including whether the agreement had been made in good faith, whether it included provisions for minimum entitlements, and whether it complied with the process for making such agreements. Another key issue was whether the agreement unfairly disadvantaged any group of employees.

The Fair Work Commission found that the enterprise agreement was made in good faith and met the statutory requirements. The agreement provided for minimum entitlements and followed the correct process for its creation. The Commission also concluded that the agreement did not unfairly disadvantage any group of employees. Consequently, the Commission approved the enterprise agreement.

As a result of the decision, the Fair Work Commission approved the A Plus Plumbing (ACT) Pty Ltd and Employees Enterprise Agreement 2019-2023, dismissing the objections raised by the employees. The agreement now serves as the binding framework for the employment relationship between the applicant and its employees for the specified period.

A Plus Plumbing (ACT) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established