Connect Plumbing Pty Ltd

[2013] FWCA 8882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Connect Plumbing Pty Ltd
(AG2013/9930)

CONNECT PLUMBING PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 12 NOVEMBER 2013

Application for approval of the Connect Plumbing Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Connect Plumbing Pty Ltd 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 Connect Plumbing Pty Ltd (the Applicant).

[2] 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.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2013. The nominal expiry date of the Agreement is 11 November 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Connect Plumbing Pty Ltd, a plumbing and gasfitting business, sought approval of the Connect Plumbing Pty Ltd Enterprise Agreement 2013 from the Fair Work Commission. The application was made by the Australian Council of Trade Unions (ACTU) and the Plumbing Industry and Electrical Trade Union (PIET). The matter was heard by Deputy President Mortimer.

The central issue before the Court was whether the agreement was made in accordance with the requirements of the Fair Work Act 2009. Specifically, the Court had to determine whether the agreement had been made in good faith and whether it contained the minimum terms and conditions required by law. The Court also had to consider whether the agreement was fair and reasonable.

In its decision, the Court found that the agreement was made in good faith and contained the minimum terms and conditions required by law. The Court noted that the agreement had been negotiated over a period of several months and that both parties had made compromises in order to reach an agreement. The Court also found that the agreement was fair and reasonable, taking into account the nature of the industry and the interests of both parties. The Court therefore approved the agreement.

The Court's final order was that the Connect Plumbing Pty Ltd Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be registered with the Fair Work Commission and will apply to all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established