Commodore Plumbing NSW Pty Ltd

[2013] FWCA 8222

FAIR WORK COMMISSION

DECISION

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

Commodore Plumbing NSW Pty Ltd
(AG2013/2581)

COMMODORE PLUMBING NSW PTY. LTD ENTERPRISE AGREEMENT 2013-2017

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 21 OCTOBER 2013

Application for approval of the Commodore Plumbing NSW Pty. Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Commodore Plumbing NSW Pty. Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commodore Plumbing NSW Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] Fair Work Commission received correspondence dated 14 October 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Director, Commodore Plumbing NSW Pty Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is four years from the date of Operation.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the matter of Commodore Plumbing NSW Pty Ltd, the Fair Work Commission was called upon to decide whether the enterprise agreement proposed by the employer should be approved. The agreement in question was between Commodore Plumbing NSW Pty Ltd and its employees, covering the period from 2013 to 2017. The legal issues that the Commission was required to address included whether the agreement met the requirements of the Fair Work Act 2009, including the provisions concerning minimum entitlements and the prohibition of unfair terms.

The Commission examined the specifics of the proposed agreement, focusing on whether it provided for the minimum entitlements as required by the Act, including minimum wages, penalty rates, leave entitlements, and other conditions of employment. It was also necessary to assess whether any of the terms in the agreement were unfair, as defined by the Act, which includes provisions that may cause detriment to employees. The Commission considered submissions from both the employer and the employees' representatives, as well as the broader implications of the agreement on the workforce.

Upon reviewing the terms and conditions set out in the enterprise agreement, the Commission determined that the agreement was fair and met the statutory requirements. The agreement was found to provide for minimum entitlements and did not contain any unfair terms. Consequently, the Fair Work Commission approved the enterprise agreement, ensuring that it would be binding on the parties for the specified period. This decision affirmed the agreement as a legally enforceable contract between Commodore Plumbing NSW Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established