DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beachside Plumbing Services Pty Ltd T/A Beachside Plumbing Services Pty Ltd
(AG2018/5666)

BEACHSIDE PLUMBING SERVICES PTY LTD ENTERPRISE AGREEMENT 2018-2022

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MARCH 2019

Application for approval of the Beachside Plumbing Services Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Beachside Plumbing Services Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beachside Plumbing Services Pty Ltd T/A Beachside Plumbing Services 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 27 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Beachside Plumbing Services Pty Ltd, trading as Beachside Plumbing Services Pty Ltd, which applied for approval of its Enterprise Agreement 2018-2022. The application was heard by the Fair Work Commission. The central dispute was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including provisions relating to minimum entitlements, dispute resolution, and procedural fairness. The Commission had to determine if the agreement provided for the minimum entitlements required by the Act, if it was made in good faith, and if it complied with the procedural fairness requirements.

The key legal issues revolved around the interpretation of the Fair Work Act 2009 and its provisions concerning the content and approval of enterprise agreements. The Commission needed to assess if the agreement met the mandatory minimum standards, if it was free from any unfair content, and if the process of agreement-making adhered to the requirements of procedural fairness. Additionally, the Commission examined if the agreement was made in good faith, considering the bargaining positions of the parties and the negotiation process.

The Fair Work Commission found that the agreement substantially complied with the requirements of the Act. The Commission determined that the agreement provided for the minimum entitlements as required by the Act, and there was no unfair content that would render the agreement non-compliant. The process of agreement-making was deemed to be fair, with adequate opportunities for both parties to negotiate and present their positions. The Commission concluded that the agreement was made in good faith and met all statutory requirements. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Beachside Plumbing Services Pty Ltd Enterprise Agreement 2018-2022, effective from the date of the decision. This decision ensures that the agreement is binding on the parties and provides a framework for employment conditions within the specified period.

Beachside Plumbing Services Pty Ltd T/A Beachside Plumbing 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