Cooke & Dowsett Albury Pty Ltd Summary

[2019] FWCA 6875

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Cooke & Dowsett Albury Pty Ltd

(AG2019/2891)

Cooke & Dowsett (Albury) Pty Ltd Enterprise Agreement 2019

Plumbing industry
Deputy President Masson	MELBOURNE, 4 OCTOBER 2019

Application for approval of the Cooke & Dowsett (Albury) Pty Ltd Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Cooke & Dowsett (Albury) Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cooke & Dowsett Albury Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Cooke & Dowsett Albury Pty Ltd, where an application was made for the approval of the Enterprise Agreement 2019. This agreement was intended to regulate the employment terms and conditions of certain employees of the company. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the application.

The legal issues before the Commission centred on whether the Enterprise Agreement complied with the statutory provisions outlined in the Fair Work Act. Specifically, the Commission had to assess if the agreement satisfied the "better off overall test" and whether it contained the mandated minimum entitlements. Furthermore, the Commission needed to consider whether the agreement had been genuinely negotiated between the employer and the relevant employee representatives.

In rendering its decision, the Commission carefully examined the evidence presented by both parties. The Commission concluded that the Enterprise Agreement did indeed meet the "better off overall test" as it provided employees with improved terms and conditions compared to the applicable award. Moreover, the Commission was satisfied that the agreement contained all the mandated minimum entitlements as required by law. The Commission further found that the agreement had been genuinely negotiated between the employer and the employee representatives. Consequently, the Commission approved the Enterprise Agreement, recognising it as fair and meeting all statutory requirements.

The Fair Work Commission approved the Cooke & Dowsett (Albury) Pty Ltd Enterprise Agreement 2019, deeming it to be compliant with the Fair Work Act 2009. This decision ensures that the employment terms and conditions set out in the agreement are legally binding for the relevant employees of the company.

Cooke & Dowsett Albury Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established