DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D & C Plumbing Co Pty Ltd T/A Golden State Plumbing
(AG2017/2000)

GSP ENTERPRISE AGREEMENT 2017

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2017

Application for approval of the GSP Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GSP Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D & C Plumbing Co Pty Ltd as trustee for D & C Plumbing Trust T/A Golden State Plumbing. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2017. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The respondents, being employees of the D & C Plumbing Co Pty Ltd trading as Golden State Plumbing, sought approval of the GSP Enterprise Agreement 2017. The applicant company opposed the application, contending the agreement contained provisions that were unfair and did not comply with statutory requirements. The matter was heard in the Fair Work Commission.

The central legal issues revolved around whether the provisions of the agreement were fair and compliant with the Fair Work Act 2009. The applicant argued that certain provisions regarding penalty rates, shift loadings, and allowances were not fair and reasonable. The respondents contended that the provisions were necessary to accommodate the unique needs of the industry and were fairly negotiated.

The Fair Work Commission assessed the provisions of the agreement against the criteria set out in the Fair Work Act. It considered the nature of the industry, the bargaining positions of the parties, and the terms and conditions of the agreement. The Commission determined that while some provisions were indeed harsh, they were necessary to address the specific circumstances of the industry and were fairly negotiated. The application was approved with some modifications to ensure greater fairness and compliance with statutory requirements.

The Fair Work Commission approved the GSP Enterprise Agreement 2017 with specific modifications to certain provisions. The changes were aimed at ensuring the agreement met the requirements of fairness and compliance with the Fair Work Act. The modified agreement was to be implemented with the modifications in place.

D & C Plumbing Co Pty Ltd T/A Golden State Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established