DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danny Hall Plumbing Pty Ltd
(AG2018/4941)

DANNY HALL PLUMBING PTY LTD – EMPLOYEE ENTERPRISE AGREEMENT 2018 - 2022

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Danny Hall Plumbing Pty Ltd - Employee Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Danny Hall Plumbing Pty Ltd - Employee Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Danny Hall Plumbing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 was approved on 15 February 2019 and, in accordance with s.54, will operate from 22 February 2019. The nominal expiry date of the Agreement is 26 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court of Australia was called upon to consider an application for the approval of the Danny Hall Plumbing Pty Ltd - Employee Enterprise Agreement 2018 - 2022. The application was brought by Danny Hall Plumbing Pty Ltd, seeking the Court's endorsement of the proposed enterprise agreement. The agreement was to govern the employment terms of the company's employees over the specified period. The decision was pivotal as it would set the framework for the rights and obligations of both the employer and the employees during the agreement's tenure.

The primary legal issues before the Court involved whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. The Court was tasked with examining whether the agreement met the procedural fairness criteria, including whether it was made in good faith, and whether it contained all necessary minimum terms and conditions as mandated by the Act. The Court also had to determine if the agreement was certified as a single, indivisible agreement, which is a requisite for Court approval.

The Court thoroughly reviewed the evidence and submissions from both parties, concluding that the agreement was indeed made in good faith and contained all the necessary minimum terms. It was also certified as a single, indivisible agreement. The Court found that the agreement was not only procedurally sound but also substantively fair and met all statutory requirements. Consequently, the Court approved the agreement, recognising it as a lawful and binding document for the stipulated period.

Following the Court's approval, the Danny Hall Plumbing Pty Ltd - Employee Enterprise Agreement 2018 - 2022 was endorsed, setting forth the terms and conditions that would govern the employment relationship between the company and its employees for the duration of the agreement.

Danny Hall Plumbing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established