DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DM Plumbing Pty Ltd
(AG2016/5243)

DM PLUMBING PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 3 OCTOBER 2016

Application for approval of the DM Plumbing Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the DM Plumbing Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DM Plumbing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2016. The nominal expiry date of the Agreement is 2 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

DM Plumbing Pty Ltd recently came before the Fair Work Commission, where the company sought approval for its Enterprise Agreement 2016 - 2019. The dispute involved whether the agreement met the legal standards set out by the Fair Work Act 2009. The Fair Work Commission was tasked with reviewing the agreement to ensure it complied with the legislative requirements, particularly focusing on the provisions that dealt with minimum wages, working conditions, and employee entitlements.

The primary legal issues the Commission had to address were whether the agreement provided for fair and reasonable terms for the employees, and if it adhered to the provisions of the Fair Work Act, including the 'better off overall test'. This test required the Commission to determine if the agreement offered employees terms and conditions that were at least as good as those provided by the applicable award or registered agreement. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any group of employees and that it included adequate mechanisms for dispute resolution.

In its decision, the Commission examined the provisions of the Enterprise Agreement in detail. It found that the agreement contained provisions that met the legislative requirements and provided for fair and reasonable terms. The Commission confirmed that the agreement did not adversely affect employees' rights and offered them terms and conditions that were at least as good as those provided by the applicable award. The mechanisms for dispute resolution were deemed adequate and compliant with the Act. Consequently, the Commission approved the DM Plumbing Pty Ltd Enterprise Agreement 2016 - 2019, finding it to be in accordance with the Fair Work Act.

The final orders of the Commission were that the Enterprise Agreement 2016 - 2019 of DM Plumbing Pty Ltd be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement was to be registered by the Commission, which would then be effective for the period specified in the agreement.

DM 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