DECISION

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

Chappy Pty Ltd T/A Craig Chappelow Plumbing and Building
(AG2019/1404)

CHAPPY PTY LTD ENTERPRISE AGREEMENT 2019- 2023

Plumbing industry
DEPUTY PRESIDENT BULL	SYDNEY, 11 JUNE 2019

Application for approval of the Chappy Pty Ltd Enterprise Agreement 2019-2023.

[1] An application (Form F16) has been filed by Chappy Pty Ltd T/A Craig Chappelow Plumbing and Building (the applicant) for the approval of an enterprise agreement known as the Chappy Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The Agreement will operate for a nominal period of 4 years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chappy Pty Ltd trading as Craig Chappelow Plumbing and Building, applied for the approval of the Chappy Pty Ltd Enterprise Agreement 2019-2023. The application was heard in the Fair Work Commission. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009, asserting that it met the requirements of the Act for a registered agreement.

The legal issues the court needed to address were whether the agreement complied with the relevant provisions of the Fair Work Act and whether it was made in accordance with the process outlined in the Act. The applicant argued that the agreement was made fairly and in good faith, and that it satisfied all the necessary conditions for registration. The respondent, the Plumbing Industry Enterprise Award 2010, raised objections, questioning the fairness of certain clauses and the process by which the agreement was reached.

The court examined the evidence provided and the arguments made by both parties. It found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The court was satisfied that the agreement complied with all relevant provisions of the Fair Work Act and was appropriately negotiated. Consequently, the court approved the Chappy Pty Ltd Enterprise Agreement 2019-2023, allowing it to be registered as a registered agreement under the Act.

Chappy Pty Ltd T/A Craig Chappelow Plumbing and Building

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established