DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brolga Constructions Pty Ltd T/A Wurtulla Plumbing and Drainage
(AG2015/1188)

BROLGA CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 JULY 2015

Application for approval of the Brolga Constructions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Brolga Constructions Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brolga Constructions Pty Ltd t/as Wurtulla Plumbing and Drainage (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 2 July 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brolga Constructions Pty Ltd, trading as Wurtulla Plumbing and Drainage, brought an application to the Fair Work Commission seeking approval of the Brolga Constructions Pty Ltd Enterprise Agreement 2015. The application was made under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the criteria for approval, including whether it facilitated the improvement of workplace relations and provided for the fair and efficient management of the workplace.

The central legal issues the Commission was required to decide were whether the agreement was made in good faith, whether it facilitated the improvement of workplace relations, and whether it provided for the fair and efficient management of the workplace. Additionally, the Commission considered whether the agreement contained all the required terms and whether it was made in accordance with the process prescribed by the Act. The Commission also examined whether the agreement met the requirement of not prejudicing employees’ ability to be represented by a registered organisation.

The Fair Work Commission found that the enterprise agreement was made in good faith, facilitated the improvement of workplace relations, and provided for the fair and efficient management of the workplace. The Commission noted that the agreement contained all the required terms and was made in accordance with the process prescribed by the Act. The Commission was satisfied that the agreement did not prejudice employees’ ability to be represented by a registered organisation. Consequently, the Commission approved the enterprise agreement, finding that it met all the statutory criteria for approval.

The final order of the Commission was that the Brolga Constructions Pty Ltd Enterprise Agreement 2015 be approved. The approval was subject to the agreement being registered with the Fair Work Commission within 30 days of the decision. The Commission's decision provides a clear framework for the terms and conditions of employment under the agreement, ensuring compliance with the Fair Work Act.

Brolga Constructions Pty Ltd T/A Wurtulla Plumbing and Drainage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established