[2014] FWCA 2684
The attached document replaces the document previously issued with the code [2014] FWCA 2654 on 23 April 2014.
The Decision was coded incorrectly.
Patti Ladd
Associate to COMMISSIONER BLAIR
Dated 2 May 2014
[2014] FWCA 2684 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AC Goulding Services Pty Ltd T/A AC Goulding
(AG2014/691)
AC GOULDING SERVICES PTY LTD ENTERPRISE AGREEMENT 2014
Plumbing industry | |
COMMISSIONER BLAIR | MELBOURNE, 23 APRIL 2014 |
Application for approval of the AC Goulding Services Pty Ltd Enterprise Agreement 2014.
[1] An application has been made for approval of a single-enterprise agreement known as the AC Goulding Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AC Goulding Services Pty Ltd t/as AC Goulding (the Applicant).
[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to27 March 2014.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.
[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2014. The nominal expiry date of the Agreement is 22 April 2018.
ANNEXURE A
17 April 2014
Wayne Blair J.P. Commissioner
Fair Work Commission
PO Box 1994
MELBOURNE VIC 3000
Dear Commissioner
Re – AG2014/691 – AC Goulding Services Pty Ltd Enterprise Agreement 2014
I write on behalf of AC Goulding Services trading as AC Goulding in respect to the application for the approval of the AC Goulding Services Pty Ltd Enterprise Agreement 2014 (AG2014/691).
With respect to Clause 2.12.8, AC Goulding undertakes (in accordance with Section 190 of the Fair Work Act 2009) that a full time or part time employee cannot take unpaid carer’s leave if the employee could take paid personal/carer’s leave.
I trust that this undertaking overcomes the concerns previously expressed by the Commission. Yours faithfully
Phil Eberhard
Senior Workplace Relations Advisor
525 King Street, West Melbourne Victoria 3003 | ABN 56 296 473 997 | |
T +61 03 9329 9622 F +61 03 9321 5060 | E info@plumber.com.au |
W by authority of the Commonwealth Government Printer <Price code G, AE407823 PR549925> Details
CaseChat Overview and Summary
AC Goulding Services Pty Ltd, trading as AC Goulding, applied to the Fair Work Commission for approval of the AC Goulding Services Pty Ltd Enterprise Agreement 2014. The application was made under the Fair Work Act 2009, seeking the agreement to be directly registered as a modern award. The dispute involved various terms and conditions of employment, including wages, leave entitlements, and other employment-related matters.
The primary legal issues before the court were whether the agreement met the requirements for direct registration under the Fair Work Act and if the agreement was made in good faith and covered all necessary aspects of employment. The court had to consider the bargaining process, the fairness of the terms, and compliance with statutory obligations. Furthermore, the court assessed whether the agreement appropriately balanced the interests of both employers and employees. The Fair Work Commission found that the agreement met the necessary criteria for direct registration. The bargaining process was deemed to be conducted in good faith, and the terms of the agreement were fair and reasonable. The court was satisfied that the agreement covered all necessary aspects of employment and did not disadvantage any party. Consequently, the AC Goulding Services Pty Ltd Enterprise Agreement 2014 was approved for direct registration as a modern award. No further orders were made beyond the approval of the agreement. The decision confirmed that the enterprise agreement would now apply to the relevant employees and would be a legally binding modern award. Orders Orders of the courtFull text does not contain this section. Background Background to the litigationFull text does not contain this section. Evidence Evidence Before The CourtFull text does not contain this section. Decision Reasons for decisionFull text does not contain this section. Ratio Decidendi Legal Principle EstablishedFull text does not contain this section. |