Crichton Plumbing Services Pty Ltd T/A Cri - Tech Plumbing - [2014] FWCA 2868

[2014] FWCA 2868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crichton Plumbing Services Pty Ltd T/A Cri - Tech Plumbing
(AG2014/730)

CRICHTON PLUMBING SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 1 MAY 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the Crichton Plumbing Services 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 Crichton Plumbing Services Pty Ltd t/as Cri-Tech Plumbing (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 attached to this decision and to the Agreement. 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 8 May 2014. The nominal expiry date of the Agreement is 30 April 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Crichton Plumbing Services Pty Ltd, trading as Cri-Tech Plumbing, and their employees, who were represented by a union. The dispute was about whether the Fair Work Commission should approve the Enterprise Agreement 2013 entered into between the employer and the union. This matter was heard in the Fair Work Commission of Australia. The central legal issues that the court had to decide involved whether the agreement complied with the Fair Work Act 2009 and whether the agreement contained all the necessary provisions required by the legislation. Additionally, the court needed to determine whether the agreement was made in good faith and whether it provided fair terms and conditions for the employees.

The court examined the agreement in detail, focusing on its compliance with statutory requirements and its adherence to the principles of good faith bargaining. It was necessary to assess whether the agreement contained all mandatory terms and conditions and whether it provided a fair and reasonable framework for the employees. The court also considered whether the agreement was made without any coercion or duress and whether it was a genuine attempt to reach a mutual understanding between the parties. Furthermore, the court evaluated whether the agreement provided adequate protection for the employees' rights and interests.

After thorough examination, the court concluded that the Enterprise Agreement 2013 met all the statutory requirements and was made in good faith. The agreement contained all the necessary provisions and offered fair terms and conditions for the employees. The court found that the agreement was a genuine attempt to reach a mutual understanding between the employer and the union. The court approved the agreement, recognising it as a fair and reasonable framework for the employees.

As a result of the court's approval, the Enterprise Agreement 2013 became legally binding between Crichton Plumbing Services Pty Ltd, trading as Cri-Tech Plumbing, and their employees. The agreement provided a framework for the terms and conditions of employment, ensuring fair treatment and protection for the employees within the company.

Crichton Plumbing Services Pty Ltd T/A Cri - Tech Plumbing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established