DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DJS Plumbing Group Pty Ltd T/A DJS Plumbing
(AG2019/2763)

DJS PLUMBING GROUP PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2019 - 2023

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the DJS Plumbing Group Pty Ltd Employee Collective Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the DJS Plumbing Group Pty Ltd Employee Collective Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DJS Plumbing Group Pty Ltd T/A DJS Plumbing. 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. The undertakings are taken to be a term of 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 is approved and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 10 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The matter before the court involved DJS Plumbing Group Pty Ltd, trading as DJS Plumbing, which sought approval for the DJS Plumbing Group Pty Ltd Employee Collective Agreement 2019-2023. The application for approval was lodged with the Fair Work Commission, which determined the legal issues arising from the application. The central legal questions revolved around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the criteria for approval as stipulated by the Fair Work Regulations 2009. Specifically, the court had to consider whether the agreement provided for appropriate minimum entitlements, ensured procedural fairness in its formation, and was consistent with the principles of the national workplace relations system.

The court meticulously examined the provisions of the proposed agreement, focusing on its alignment with the Fair Work Act and Regulations. It assessed whether the agreement contained all the mandatory minimum terms and conditions required by law, and if it adequately protected the rights and entitlements of the employees. The court also evaluated the process by which the agreement was formed, ensuring that it adhered to the procedural fairness standards set out in the legislation. Furthermore, the court considered whether the agreement complied with the public interest test, which requires that the agreement does not have an adverse effect on the national workplace relations system.

Upon reviewing the evidence and submissions, the court found that the DJS Plumbing Group Pty Ltd Employee Collective Agreement 2019-2023 met all the necessary legal requirements. The agreement was deemed to provide for the appropriate minimum entitlements and was formed in a manner that satisfied the principles of procedural fairness. Additionally, the court concluded that the agreement was consistent with the public interest and did not adversely affect the national workplace relations system. Consequently, the court approved the agreement, recognising its compliance with the statutory framework and its suitability for implementation within the workplace.

The final orders of the court included the approval of the DJS Plumbing Group Pty Ltd Employee Collective Agreement 2019-2023, with the agreement to be registered with the Fair Work Commission. The court's decision was based on the comprehensive examination of the agreement's provisions, the process of its formation, and its alignment with the statutory requirements and public interest considerations. The approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees, providing them with the protections and benefits outlined in the approved collective agreement.

DJS Plumbing Group Pty Ltd T/A DJS Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established