DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Backholer Plumbing Service Pty Ltd
(AG2015/7138)

BACKHOLER PLUMBING SERVICE PTY LTD ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the Backholer Plumbing Service Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Backholer Plumbing Service Pty Ltd Enterprise Agreement 2015-2019 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2016. The nominal expiry date of the Agreement is 4 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Backholer Plumbing Service Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement. The applicants, a small plumbing services company, and the respondents, represented by the United Voice union, had reached a negotiated agreement but needed the Commission’s approval. The agreement proposed changes to wages, conditions, and dispute resolution processes. The Commission needed to determine if the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing if the agreement was in good faith and if it provided for a fair and efficient workplace.

The central legal issue before the Commission was whether the agreement fulfilled the requirements set out in the Fair Work Act, particularly sections 232 and 233. These sections demand that the agreement be made in good faith and provide for the efficient determination of workplace issues. The Commission had to consider if the proposed changes were consistent with the principles of good faith bargaining and if they provided a fair and efficient framework for resolving workplace disputes.

In its decision, the Commission noted that the agreement was negotiated in good faith and provided for efficient workplace practices. The proposed changes to wages and conditions were found to be reasonable and in line with industry standards. The Commission also considered the parties' conduct during negotiations, which demonstrated a genuine attempt to reach a fair agreement. Ultimately, the Commission approved the agreement, finding that it met all the statutory requirements and provided for a fair and efficient workplace.

The final orders included the approval of the Backholer Plumbing Service Pty Ltd Enterprise Agreement 2015-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The parties were directed to take all necessary steps to implement the agreement and to notify the Commission of any changes.

Backholer Plumbing Service 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