DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dame Pty Ltd T/A Project Plumbing
(AG2020/553)

DAME PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2020-2023

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 23 MARCH 2020

Application for approval of the Dame Pty Ltd and Employee Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Dame Pty Ltd and Employee Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Dame Pty Ltd T/A Project Plumbing (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 March 2020.

[3] On 18 March 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 March 2020. The undertaking deals with the following topics:

• The Agreement will commence operation 7 days after approval.

• All hours worked in excess of the ordinary hours of work will be paid as overtime at the applicable overtime rate.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dame Pty Ltd T/A Project Plumbing recently sought approval of their enterprise agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, a federal statutory body with the authority to approve, reject, or modify enterprise agreements. The primary dispute centred around the terms of the proposed agreement, specifically the pay rates and conditions for employees within the organisation. Various stakeholders, including employee representatives and the company, submitted their respective arguments and evidence regarding the fairness and compliance of the proposed agreement with the relevant legislative framework.

The central legal issue before the Commission was whether the terms of the proposed agreement met the 'better off overall test' as required by the Fair Work Act. This test mandates that the proposed agreement must be at least as good as the relevant award or the current enterprise agreement, if any. The Commission also had to consider whether the agreement contained provisions that would unduly harm the employees or the business. Other issues included the procedural fairness in the negotiation process and the transparency of the proposed terms.

In evaluating the application, the Commission examined the evidence and submissions provided by both parties. The Commission noted that the proposed agreement provided for reasonable pay increases and conditions that were comparable to those in similar industries. The Commission was satisfied that the agreement met the better off overall test, as it provided for a fair balance of benefits and obligations for both the employees and the employer. The Commission also found that the negotiation process was conducted in good faith and that the terms of the agreement were clear and transparent. Based on these findings, the Commission approved the proposed agreement, subject to certain minor modifications to address procedural concerns.

The final orders of the Commission approved the Employee Enterprise Agreement 2020 - 2023 with the specified modifications, which are to be implemented within a specified timeframe. The agreement is now legally binding on all parties involved, and any disputes arising from its interpretation or implementation must be resolved in accordance with its terms and the Fair Work Act.

Dame Pty Ltd T/A Project Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established