DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A Plus Plumbing & Building Services Pty Ltd
(AG2016/3700)

A PLUS PLUMBING AND BUILDING SERVICES PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2016-2020

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 8 AUGUST 2016

Application for approval of the A Plus Plumbing and Building Services Pty Ltd and Employees Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the A Plus Plumbing and Building Services Pty Ltd and Employees Enterprise Agreement 2016-2020 (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 & Building Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2016. The nominal expiry date of the Agreement is 7 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of A Plus Plumbing & Building Services Pty Ltd, the application for the approval of the A Plus Plumbing and Building Services Pty Ltd and Employees Enterprise Agreement 2016-2020 was heard by the Fair Work Commission. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. A Plus Plumbing & Building Services Pty Ltd sought to have the agreement approved, while the respondents, which included employee representatives, argued that the agreement did not comply with the statutory provisions.

The legal issues before the Commission were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, whether it complied with the minimum standards prescribed by the Act, and whether the agreement had been made free from any improper conduct. Specifically, the Commission needed to assess if the agreement provided for proper terms and conditions of employment, including minimum wages, penalties, leave entitlements, and other conditions of employment.

The Fair Work Commission found that the agreement was generally in compliance with the Fair Work Act and its regulations. The Commission considered the evidence provided by both parties and noted that the agreement contained provisions that met the minimum standards required by law. The Commission also determined that the agreement had been made free from any improper conduct. As a result, the application for the approval of the agreement was granted.

The Fair Work Commission approved the A Plus Plumbing and Building Services Pty Ltd and Employees Enterprise Agreement 2016-2020, effective from the date of the decision. The agreement is now legally binding on the parties and will govern the employment terms and conditions for the specified period.

A Plus Plumbing & Building Services 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