Backholer Plumbing Service Pty Ltd T/A Blue Ribbon Plumbing Pty Ltd

[2021] FWCA 6286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Backholer Plumbing Service Pty Ltd T/A Blue Ribbon Plumbing Pty Ltd
(AG2021/7637)

BACKHOLER PLUMBING SERVICE PTY LTD ENTERPRISE AGREEMENT 2021-2025

Plumbing industry
COMMISSIONER YILMAZ	MELBOURNE, 14 OCTOBER 2021

Application for approval of the Backholer Plumbing Service Pty Ltd Enterprise Agreement 2021-2025

[1] An application has been made for approval of an enterprise agreement known as the Backholer Plumbing Service Pty Ltd Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Backholer Plumbing Service Pty Ltd T/A Blue Ribbon Plumbing 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. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained an error at page 5. On 11 October 2021 the Applicant filed an amended page 5 of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and in accordance with s.54, will operate from 21 October 2021. The nominal expiry date of the Agreement is 13 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Backholer Plumbing Service Pty Ltd T/A Blue Ribbon Plumbing Pty Ltd concerns an application for the approval of an enterprise agreement for the years 2021 to 2025. The applicant, Backholer Plumbing Service Pty Ltd, sought the approval of the Fair Work Commission (FWC) under the Fair Work Act 2009 (Cth). The dispute centred on the terms and conditions of employment set out in the proposed agreement, including matters such as wages, hours of work, and other employment conditions. The FWC was tasked with determining whether the agreement met the criteria for approval under the Act, including whether it promoted higher wages and better conditions for employees, and whether it was free from any unfair provisions.

The key legal issues before the FWC involved assessing the fairness and compliance of the enterprise agreement with the statutory requirements. The FWC examined whether the agreement contained terms that were necessary to protect workers' rights and interests and whether it complied with the good faith bargaining provisions. The court also needed to determine if the agreement was free from any discriminatory provisions and whether it promoted higher wages and better conditions, as required by the Fair Work Act. Furthermore, the FWC considered the extent to which the agreement facilitated a cooperative workplace and provided a fair resolution of workplace issues.

In reaching its decision, the FWC considered the submissions from both the applicant and the objectors, as well as the relevant legislative provisions. The FWC determined that the agreement was fair and met the necessary criteria for approval. The FWC found that the agreement provided for fair wages and conditions, promoted a cooperative workplace environment, and did not contain any unfair provisions. The FWC also concluded that the agreement had been achieved through good faith bargaining and was in line with the legislative requirements for enterprise agreements. As a result, the FWC approved the Backholer Plumbing Service Pty Ltd Enterprise Agreement 2021-2025.

The FWC's final orders approved the enterprise agreement, setting out specific terms and conditions for the employees of Backholer Plumbing Service Pty Ltd for the period from 2021 to 2025. The approved agreement was to be registered with the Fair Work Commission, and the parties were required to abide by its terms. This decision underscored the importance of ensuring that enterprise agreements are fair, promote better wages and conditions, and are achieved through good faith bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established