Bliss Plumbing Group Pty T/A Coastline Plumbing NSW

Case [2018] FWCA 4199


[2018] FWCA 4199
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Bliss Plumbing Group Pty T/A Coastline Plumbing NSW
(AG2018/1469)

BLISS PLUMBING GROUP PTY LTD T/A COASTLINE PLUMBING REGIONAL PLUMBING ENTERPRISE AGREEMENT 2017 - 2019

Plumbing industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 17 JULY 2018

Application for approval of the Bliss Plumbing Group Pty Ltd t/a Coastline Plumbing Regional Plumbing Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bliss Plumbing Group Pty Ltd t/a Coastline Plumbing Regional Plumbing Enterprise Agreement 2017 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bliss Plumbing Group Pty T/A Coastline Plumbing NSW. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 July 2018 and, in accordance with s.54, will operate from 24 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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Details
AGLC
Bliss Plumbing Group Pty T/A Coastline Plumbing NSW [2018] FWCA 4199
Case
[2018] FWCA 4199
Decision Date

CaseChat Overview and Summary

The matter before the court involved an application by the Bliss Plumbing Group Pty Ltd, trading as Coastline Plumbing, seeking approval for their Regional Plumbing Enterprise Agreement 2017-2019. The respondents included various unions and employee representatives. The application was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to oversee workplace relations and resolve disputes.

The legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act and if it was in the best interests of the employees. Specifically, the court had to determine whether the agreement provided adequate protections and benefits for employees, if it complied with the procedural requirements, and if it was fair and reasonable.

The court examined the provisions of the proposed agreement, including wages, hours of work, leave entitlements, and other conditions of employment. The court also considered submissions from the parties and the overall fairness of the agreement. After reviewing the evidence and submissions, the court found that the agreement was procedurally valid and provided for fair and reasonable terms and conditions of employment. The court also determined that the agreement was in the best interests of the employees, as it offered a fair balance between the rights and obligations of both employers and employees.

The court approved the Regional Plumbing Enterprise Agreement 2017-2019, which would be binding on the parties for the specified period. The decision emphasised the importance of fair and reasonable agreements in promoting harmonious industrial relations and protecting the interests of both employers and employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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