DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Edge Plumbing Pty Ltd
(AG2015/6099)

CITY EDGE PLUMBING PTY LTD ENTERPRISE AGREEMENT 2015

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the City Edge Plumbing Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the City Edge Plumbing 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 City Edge Plumbing Pty Ltd. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, City Edge Plumbing Pty Ltd, sought approval of the Enterprise Agreement 2015 from the Fair Work Commission. The respondent, Plumbing Industry Enterprise Award 2010, contested the application on various grounds, including whether the agreement complied with statutory requirements and whether it contained terms that were contrary to public policy. The dispute was heard in the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval.

The legal issues before the Commission involved assessing whether the agreement was made in good faith and whether it provided for the proper operation of businesses. The Commission also had to consider whether the agreement contained any terms that were contrary to public policy, such as those that might undermine the effectiveness of the award or lead to unjust outcomes for employees. Additionally, the Commission needed to ensure that the agreement provided for a fair and efficient process for resolving disputes between employees and the employer.

The Fair Work Commission found that the agreement met the statutory requirements for approval. It determined that the agreement was made in good faith and provided for the proper operation of the business. The Commission also concluded that the agreement did not contain any terms that were contrary to public policy. The Commission was satisfied that the agreement provided for a fair and efficient process for resolving disputes between employees and the employer, and it approved the agreement accordingly. The Commission also noted that the agreement provided for a better outcome for employees than the award and that it was an improvement on the previous agreement.

The Fair Work Commission approved the City Edge Plumbing Pty Ltd Enterprise Agreement 2015, subject to certain conditions. The Commission ordered that the agreement be registered and that it would operate from the date of the decision. The Commission also ordered that the agreement would replace the previous agreement and that it would be the sole governing agreement between the parties. The Commission further ordered that the agreement would be subject to review and that any changes to the agreement would need to be approved by the Commission. The Commission also noted that the agreement was an improvement on the award and that it provided for a better outcome for employees.

City Edge 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