DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Almic Plumbing & Drainage Pty Ltd T/A Almic Plumbing & Drainage
(AG2016/4019)

ALMIC PLUMBING & DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2016-2020

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the ALMIC Plumbing & Drainage Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the ALMIC Plumbing & Drainage Pty Ltd 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 Almic Plumbing & Drainage Pty Ltd T/A Almic Plumbing & Drainage. 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 2 September 2016 and, in accordance with s.54, will operate from 9 September 2016. The nominal expiry date of the Agreement is 2 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Almic Plumbing & Drainage Pty Ltd, trading as Almic Plumbing & Drainage, and the Fair Work Commission (FWC). The dispute centred around the application for approval of the Enterprise Agreement 2016-2020. The FWC was tasked with assessing the agreement's compliance with the Fair Work Act 2009, including its conformity with the national minimum terms and conditions set by the Fair Work (Registered Organisations) Act 2009.

The primary legal issues the FWC considered were whether the enterprise agreement adhered to the mandatory provisions outlined in the Fair Work Act, and whether it provided for the national minimum terms and conditions of employment as required by the Fair Work (Registered Organisations) Act. Additionally, the FWC had to determine if the agreement met the procedural requirements for approval, including whether it was genuinely negotiated and if it provided for proper dispute resolution mechanisms.

The FWC found that the enterprise agreement complied with the statutory minimum terms and conditions and met the procedural requirements for approval. The FWC noted that the agreement was genuinely negotiated and included appropriate dispute resolution procedures. Consequently, the FWC approved the enterprise agreement, recognising its alignment with the legislative framework and the interests of the employees involved.

In approving the enterprise agreement, the FWC made orders to formally recognise the agreement under the Fair Work Act, ensuring its legal enforceability between Almic Plumbing & Drainage Pty Ltd and its employees. The FWC's decision was based on the comprehensive compliance of the agreement with the relevant statutory provisions and the procedural fairness observed in its negotiation and drafting.

Almic Plumbing & Drainage Pty Ltd T/A Almic Plumbing & Drainage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established