DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beavis and Bartels Plumbing Pty Ltd
(AG2018/2348)

BEAVIS AND BARTELS PLUMBING PTY LTD ENTERPRISE AGREEMENT 2018-2021

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the Beavis and Bartels Plumbing Pty Ltd Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Beavis and Bartels Plumbing Pty Ltd Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beavis and Bartels 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 8 November 2018. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Beavis and Bartels Plumbing Pty Ltd, an employer, brought an application for approval of an enterprise agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The case was heard in the Fair Work Commission (FWC). The applicants sought to establish an enterprise agreement for the period from 2018 to 2021. The CFMEU opposed the application, arguing that the agreement did not meet the requirements for approval under the Fair Work Act 2009.

The primary legal issues the FWC had to address were whether the agreement provided for the "proper" protection of employees' rights and interests and whether the agreement had been made "in good faith" and "freely." The FWC had to consider the terms and conditions of the agreement, the process by which it was made, and whether it provided for the "proper" protection of employees' rights and interests. The FWC also needed to determine if the agreement had been made in good faith and freely, without any form of coercion or undue influence.

In delivering its decision, the FWC found that the agreement provided for the proper protection of employees' rights and interests and had been made in good faith and freely. The FWC was satisfied that the agreement contained appropriate provisions for wages, leave entitlements, and other terms and conditions of employment. The FWC also found that the process by which the agreement was made was fair and transparent and that the employees had been given adequate opportunities to participate in the negotiation process. The FWC concluded that the agreement met the requirements for approval under the Fair Work Act 2009.

The FWC approved the enterprise agreement, and the parties are now bound by its terms. The agreement will govern the employment relationship between Beavis and Bartels Plumbing Pty Ltd and its employees for the period from 2018 to 2021. The FWC's decision provides certainty for both the employer and employees and ensures that the agreement is compliant with the Fair Work Act 2009.

Beavis and Bartels Plumbing 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