CDM Plumbing Solutions Pty Ltd

[2013] FWCA 1728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CDM Plumbing Solutions Pty Ltd
(AG2013/293)

C D M PLUMBING SOLUTIONS PTY LTD DUGALD RIVER PROJECT ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 22 MARCH 2013

Application for approval of the C D M Plumbing Solutions Pty Ltd Dugald River Project Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the C D M Plumbing Solutions Pty Ltd Dugald River Project Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the CMD Plumbing Solutions Pty Ltd. The agreement is a single-enterprise agreement.

[2] On 21 March 2013 undertakings were provided by the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] The Agreement contains a typographical error in clause 14.1.2 which should be corrected. I am satisfied that the Agreement contain typographical errors and that they should be corrected pursuant to s.586 of the Act. Pursuant to s.586 of the Act the error is corrected as follows:

● By deleting the table in clause 14.1.2 and replacing with a new table with the correct wage amounts including the undertaking.

[4] 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.

[5] The agreement is approved. In accordance with s.54(1) it will operate from 29 March 2013. The nominal expiry date of the agreement is 21 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the C D M Plumbing Solutions Pty Ltd Dugald River Project Enterprise Agreement 2013. The application was brought by the employer, who sought the approval of the agreement which had been negotiated between the employer and the relevant trade union. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission was required to address was whether the enterprise agreement complied with the requirements of the Fair Work Act. This included examining whether the agreement was made in good faith and whether it contained the necessary provisions regarding minimum wages and conditions, employee entitlements, and dispute resolution mechanisms. The Commission also needed to determine if the agreement had been appropriately certified by the relevant union as meeting the needs of the employees.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission noted that the agreement had been made in good faith and contained all the required provisions for minimum wages and conditions, employee entitlements, and dispute resolution. The Commission was satisfied that the union had certified the agreement as meeting the needs of the employees, and there was no evidence to suggest otherwise. Consequently, the Commission approved the enterprise agreement.

In light of the Commission's findings, it approved the C D M Plumbing Solutions Pty Ltd Dugald River Project Enterprise Agreement 2013, recognising it as meeting the requirements of the Fair Work Act. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and adequately address the needs of employees, while also complying with the statutory framework provided by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established