Doherty Plumbing Pty Ltd

[2013] FWCA 2314

FAIR WORK COMMISSION

DECISION

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

Doherty Plumbing Pty Ltd
(AG2013/5742)

DOHERTY PLUMBING PTY LTD DUGALD RIVER PROJECT ENTERPRISE AGREEMENT 2013

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 APRIL 2013

Application for approval of the Doherty Plumbing Pty Ltd Dugald River Project Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Doherty Plumbing Pty Ltd Dugald River Project 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 24 April 2013. The nominal expiry date of the Agreement is 23 April 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doherty Plumbing Pty Ltd recently appeared before the Fair Work Commission, seeking approval of the Doherty Plumbing Pty Ltd Dugald River Project Enterprise Agreement 2013. The application was made in the context of the parties' ongoing employment negotiations. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement provided for the mandatory minimum entitlements as stipulated by the Act, and whether it was free from any invalid provisions. The Commission needed to assess if the agreement was genuinely negotiated and whether it complied with the procedural requirements for approval. The fairness and reasonableness of the agreement in terms of its provisions and its impact on the employees were also critical considerations.

In delivering its decision, the Commission carefully examined the agreement against the statutory framework. The Commission noted that the agreement included provisions for wages, leave entitlements, and other employment conditions, all of which were in line with the mandatory minimum entitlements. Furthermore, the Commission found that the agreement had been genuinely negotiated between the parties and was procedurally sound. The terms of the agreement were deemed to be fair and reasonable, taking into account the specific circumstances of the employees and the nature of the work. Consequently, the Commission approved the agreement, finding it met all necessary legal requirements.

The Fair Work Commission's final order was that the Doherty Plumbing Pty Ltd Dugald River Project Enterprise Agreement 2013 be approved and registered, effective from the date of the decision. This approval ensures that the agreement legally governs the employment conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established