Doherty Plumbing Pty Ltd

[2013] FWCA 8187

FAIR WORK COMMISSION

DECISION

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

Doherty Plumbing Pty Ltd
(AG2013/10684)

DOHERTY TRADE SERVICES TRADE EMPLOYEES ENTERPRISE AGREEMENT 2013

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 OCTOBER 2013

Application for approval of the Doherty Trade Services Trade Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Doherty Trade Services Trade Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Doherty Plumbing Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2013. The nominal expiry date of the Agreement is 25 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doherty Plumbing Pty Ltd was the applicant in an application seeking approval of the Doherty Trade Services Trade Employees Enterprise Agreement 2013. The application was heard in the Fair Work Commission, a tribunal with jurisdiction over industrial relations matters in Australia. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically concerning whether the agreement had been fairly negotiated and if it contained certain mandatory terms required by law.

The central legal issues the Commission had to address were whether the agreement had been made through genuine bargaining, and if it contained the mandatory provisions regarding wages, leave, and other employment conditions. The applicant argued that the agreement was the product of genuine negotiations between the parties and included all necessary terms. The Commission needed to examine the evidence provided and determine if there was sufficient proof of genuine bargaining and compliance with mandatory provisions.

The Commission examined the evidence of negotiations between the parties and found that the process was indeed genuine, with both parties participating in good faith. The agreement was also found to include all the required mandatory terms, such as minimum wages and leave entitlements. The Commission concluded that the Doherty Trade Services Trade Employees Enterprise Agreement 2013 satisfied the criteria for approval under the Fair Work Act 2009. Consequently, the application was approved, and the agreement was registered.

The Fair Work Commission approved the Doherty Trade Services Trade Employees Enterprise Agreement 2013, determining that it was fairly negotiated and included all mandatory terms. The agreement was registered, and the applicant’s application was successful. This decision provided clarity on the application of industrial relations laws in the context of enterprise agreements, reinforcing the importance of genuine bargaining and compliance with statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established