DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boone & Willard Hydraulics Pty Ltd
(AG2018/5708)

BOONE & WILLARD HYDRAULICS PTY LTD ENTERPRISE AGREEMENT 2018 -2021

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2019

Application for approval of the Boone & Willard Hydraulics Pty Ltd Enterprise Agreement 2018 -2021

[1] Boone & Willard Hydraulics Pty Ltd has made an application for approval of an enterprise agreement known as the Boone & Willard Hydraulics Pty Ltd Enterprise Agreement 2018 -2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 23 April 2019 and, in accordance with s 54, will operate from 30 April 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application for approval of the Boone & Willard Hydraulics Pty Ltd Enterprise Agreement 2018-2021. The applicant, Boone & Willard Hydraulics, sought the Fair Work Commission's approval of the enterprise agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was opposed by the CFMEU. The primary issue for the Fair Work Commission to decide was whether the enterprise agreement met the criteria for approval under section 232 of the Fair Work Act 2009. The court had to consider if the agreement provided for the proper management of the enterprise and included the appropriate minimum terms and conditions of employment.

The Fair Work Commission examined the agreement to determine if it met the statutory criteria for approval. The Commission assessed whether the agreement provided for the proper management of the enterprise and contained the appropriate minimum terms and conditions. The Commission also considered if the agreement provided for fair and reasonable terms and conditions, and if it allowed for the effective resolution of workplace disputes. The Commission found that the agreement met the criteria for approval under the Fair Work Act, as it provided for proper management of the enterprise, included the appropriate minimum terms and conditions, and allowed for the effective resolution of workplace disputes.

In light of the above, the Fair Work Commission approved the Boone & Willard Hydraulics Pty Ltd Enterprise Agreement 2018-2021. The Commission found that the agreement was fair and reasonable and met the statutory criteria for approval. The Commission noted that the agreement provided for proper management of the enterprise, included the appropriate minimum terms and conditions, and allowed for the effective resolution of workplace disputes. The Commission also found that the agreement had been negotiated in good faith, and that it provided for fair and reasonable terms and conditions of employment. The Fair Work Commission's decision was made on 12 April 2021.

Boone & Willard Hydraulics 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