DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Benmax Pty Ltd
(AG2016/5423)

BENMAX PTY LTD ENTERPRISE AGREEMENT 2016–2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Benmax Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Benmax Pty Ltd Enterprise Agreement 2016–2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Benmax Pty Ltd. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this matter were Benmax Pty Ltd and various unions representing their employees. The dispute was regarding the approval of the Enterprise Agreement 2016-2019, which was submitted to the Fair Work Commission for consideration. The legal issues that the court was required to decide included whether the agreement met the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith.

The Fair Work Commission held that the agreement did meet the requirements of the Fair Work Act 2009 and was made in good faith. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that the process of making the agreement was free from any improper conduct. The Commission also found that the agreement provided for a fair and reasonable process for the resolution of any disputes that may arise under the agreement.

The Commission approved the Enterprise Agreement 2016-2019, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included changes to the provisions relating to redundancy payments and the process for resolving disputes. The parties were given the opportunity to comment on the modifications, and the Commission took their submissions into account before making its final decision. The Fair Work Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties, and it reflected a balanced approach to the resolution of the dispute.

Benmax 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