Dame Pty Ltd T/A Project Plumbing Summary

[2018] FWCA 4152

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Dame Pty Ltd T/A Project Plumbing

(AG2018/1027)

Dame Pty Ltd and Employee Enterprise Agreement 2016 - 2020

Northern Territory
Deputy President Gostencnik	MELBOURNE, 13 JULY 2018

Application for variation of the Dame Pty Ltd and Employee Enterprise Agreement 2016 - 2020.

An application has been made for approval of a variation to the Dame Pty Ltd and Employee Enterprise Agreement 2016 - 2020 (the Agreement). The application was made by Dame Pty Ltd T/A Project Plumbing pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 30 March 2016. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 13 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Dame Pty Ltd, trading as Project Plumbing, and its employees, represented by the Australian Manufacturing Workers Union. The dispute centred around an application to vary the Enterprise Agreement 2016-2020 to address issues such as the classification of employees and their entitlements. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were procedurally valid and whether they met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the application was made in good faith, whether proper consultation had occurred, and if the changes were necessary to address a genuine issue of workplace efficiency, productivity, or flexibility. Additionally, the Commission needed to consider whether the changes would result in a simpler, more flexible, and more productive workplace.

The Commission found that the application was procedurally valid, noting that proper consultation had taken place and that the changes were made in good faith. The Commission also concluded that the proposed changes would address genuine issues of workplace efficiency and productivity. The changes aimed to simplify the classification structure, reduce the number of classifications, and better reflect the current roles and responsibilities of employees. The Commission was satisfied that the changes would result in a more efficient and productive workplace without disadvantaging the employees. Consequently, the application was approved, and the Enterprise Agreement was varied as requested.

The final orders included the variation of the Enterprise Agreement to reflect the changes agreed upon, effective from the date of the decision. The new agreement included revised employee classifications and updated entitlements, aiming to streamline operations and improve workplace efficiency.

Dame Pty Ltd T/A Project Plumbing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established