DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Castleman Plumbing Pty Ltd
(AG2016/4001)

CASTLEMAN PLUMBING PTY LTD ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Castleman Plumbing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Castleman Plumbing Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Castleman Plumbing 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Castleman Plumbing Pty Ltd, sought approval of the Enterprise Agreement 2016, which was the subject of a dispute between the applicant and its employees. The application was heard in the Fair Work Commission (FWC) by Deputy President Rimmer, who was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issue before the FWC was whether the Enterprise Agreement 2016 was made in good faith and for the purposes of establishing a system of conciliation and arbitration, as required by section 234 of the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondents contended that the agreement did not meet the statutory criteria for approval.

In its decision, the FWC considered the process by which the agreement was made, the content of the agreement, and the evidence provided by the parties. The FWC found that the agreement was made in good faith and for the purposes of establishing a system of conciliation and arbitration, and was therefore approved. The FWC was satisfied that the agreement provided for a fair and reasonable system of conciliation and arbitration, and that it met the statutory requirements for approval.

The FWC approved the Enterprise Agreement 2016, and made orders to that effect. The applicant was authorised to implement the agreement, and the respondents were bound by its terms. The FWC also made orders for the registration of the agreement on the Register of Industrial Agreements.

Castleman 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