DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooke & Dowsett - Rosetta Plumbing Pty Ltd ATF Cooke & Dowsett - Rosetta Partnership
(AG2020/479)

COOKE & DOWSETT - ROSETTA PTY LTD ATF COOKE & DOWSETT - ROSETTA PARTNERSHIP (ACN: 627 786 010) (ABN: 55 123 477 686) SANITARY PLUMBING ENTERPRISE AGREEMENT 2019 - 2021

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 14 APRIL 2020

Application for approval of the COOKE & DOWSETT - ROSETTA PTY LTD ATF Cooke & Dowsett - Rosetta Partnership (ACN: 627 786 010) (ABN: 55 123 477 686) SANITARY PLUMBING ENTERPRISE AGREEMENT 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the COOKE & DOWSETT - ROSETTA PTY LTD ATF Cooke & Dowsett - Rosetta Partnership (ACN: 627 786 010) (ABN: 55 123 477 686) SANITARY PLUMBING ENTERPRISE AGREEMENT 2019 - 2021 (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 - Rosetta Plumbing Pty Ltd ATF Cooke & Dowsett - Rosetta Partnership. 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the Cooke & Dowsett - Rosetta Plumbing Pty Ltd ATF Cooke & Dowsett - Rosetta Partnership (ACN: 627 786 010) (ABN: 55 123 477 686) Sanitary Plumbing Enterprise Agreement 2019 - 2021. The application was brought by the respondents, the employer, seeking the Commission's approval of the agreement which was intended to cover the employees of the partnership involved in the sanitary plumbing industry. The dispute centred on the terms and conditions of employment as stipulated in the proposed enterprise agreement.

The primary legal issues before the Commission were whether the terms of the proposed agreement were fair and reasonable, and if they met the necessary requirements under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair remuneration, reasonable hours of work, and other terms and conditions of employment that were equitable for both parties. The Commission also had to determine if the agreement was made in good faith and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In its reasoning, the Commission examined the provisions of the proposed enterprise agreement in detail. It considered the balance of the terms and conditions, the process by which the agreement was negotiated, and whether there was adequate representation of the employees' interests. The Commission found that the proposed agreement was fair and reasonable, providing for equitable terms and conditions of employment. It approved the agreement based on the evidence presented and the compliance with the statutory requirements.

As a result, the Fair Work Commission approved the Cooke & Dowsett - Rosetta Plumbing Pty Ltd ATF Cooke & Dowsett - Rosetta Partnership Sanitary Plumbing Enterprise Agreement 2019 - 2021, confirming it as a certified agreement under the Fair Work Act 2009. This approval was effective from the date of the Commission's decision and would govern the employment terms for the specified period.

Cooke & Dowsett - Rosetta Plumbing Pty Ltd ATF Cooke & Dowsett - Rosetta Partnership

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established