Danny Hall Plumbing Pty Ltd

[2014] FWCA 5965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Danny Hall Plumbing Pty Ltd
(AG2014/1721)

DANNY HALL PLUMBING PTY LTD 2017-2018 ENTERPRISE AGREEMENT

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 28 AUGUST 2014

Application for approval of the Danny Hall Plumbing Pty Ltd - 2014-2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Danny Hall Plumbing Pty Ltd - 2014-2018 Enterprise Agreement (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission received correspondence dated 28 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 25 July 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Danny Hall Plumbing Pty Ltd, seeking approval for the Danny Hall Plumbing Pty Ltd – 2014-2018 Enterprise Agreement. The application was contested by the United Voice NSW Branch. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the court tasked with determining the matter.

The legal issues before the court included whether the agreement had been made in good faith, whether it complied with the provisions of the Fair Work Act, and if it contained minimum terms and conditions as required by law. Additionally, the court had to assess if the agreement provided for appropriate dispute resolution mechanisms and whether it was fair and reasonable in the circumstances.

The Fair Work Commission found that the agreement was made in good faith and was compliant with the Fair Work Act. It included the minimum terms and conditions stipulated by law and provided for appropriate dispute resolution mechanisms. The court was satisfied that the agreement was fair and reasonable, taking into account the nature of the industry, the parties' bargaining positions, and the overall context of the agreement. Therefore, the Commission approved the enterprise agreement.

As a result of the court's decision, the Danny Hall Plumbing Pty Ltd – 2014-2018 Enterprise Agreement was approved, and the terms and conditions set out in the agreement would apply to the employees of Danny Hall Plumbing Pty Ltd for the specified period. The approval ensures that the employees would benefit from the agreed-upon terms, while the employer would benefit from a stable and predictable industrial relations environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established