DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dame Pty Ltd T/A Project Plumbing
(AG2016/476)

DAME PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2016 - 2020

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 30 MARCH 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Dame Pty Ltd and Employee Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dame Pty Ltd T/A Project Plumbing.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2016. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Dame Pty Ltd, trading as Project Plumbing, applied for the approval of the Dame Pty Ltd and Employee Enterprise Agreement 2016-2020. The respondents to the application were several employees' unions. The dispute centred around whether the proposed enterprise agreement complied with the necessary legal and procedural standards for such agreements under Australian labour law. The Fair Work Commission, as the court in this matter, was tasked with determining the validity of the agreement.

The key legal issues before the Commission involved whether the agreement was made in good faith, whether it provided for the mandatory terms set out in the Fair Work Act, and whether the agreement was free from any illegality. Additionally, the Commission had to consider whether the agreement was genuinely negotiated between the employer and the employees and whether it met the requirements for direct communication and consultation.

The Commission found that the agreement was indeed made in good faith, met all the mandatory terms as required by the Act, and was free from any illegality. The process of negotiation was deemed to be genuine, with sufficient evidence of direct communication and consultation between the parties. The Commission concluded that the agreement was fair and reasonable, and approved it accordingly. The final orders confirmed the approval of the enterprise agreement, which would now govern the employment terms between Dame Pty Ltd and its employees for the specified period.

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