DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doolan Plumbing Pty Ltd
(AG2019/3874)

DOOLAN PLUMBING ENTERPRISE BARGAINING AGREEMENT JANUARY 2020

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 28 OCTOBER 2019

Application for approval of the Doolan Plumbing Enterprise Bargaining Agreement January 2020.

[1] An application has been made for approval of an enterprise agreement known as the Doolan Plumbing Enterprise Bargaining Agreement January 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Doolan Plumbing Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 28 October 2019 and, in accordance with s.54, will operate from 4 November 2019. The nominal expiry date of the Agreement is 8 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Doolan Plumbing Pty Ltd sought approval of the Doolan Plumbing Enterprise Bargaining Agreement January 2020 in the Fair Work Commission. The respondents, including various unions, contested the agreement on several grounds, questioning its fairness and compliance with statutory requirements. The central issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009, particularly concerning procedural fairness and the absence of coercion, duress, or unfair exploitation. The applicant argued that the agreement was the result of genuine negotiations and was fair and reasonable in all aspects.

The Fair Work Commission carefully examined the negotiation process, the content of the agreement, and the evidence presented by both parties. It was noted that the applicant had engaged in a transparent negotiation process, involving multiple meetings and discussions with the unions. The Commission found that the agreement was not imposed unilaterally and that all parties had a reasonable opportunity to express their views. Furthermore, the Commission concluded that the agreement did not contain any terms that were unfair or exploitative. The Commission considered the fairness of the agreement in the context of the industry standards and the economic circumstances of the employees.

Following this analysis, the Fair Work Commission approved the Doolan Plumbing Enterprise Bargaining Agreement January 2020, finding it to be procedurally fair and substantively reasonable. The Commission dismissed the objections raised by the respondents, emphasising the importance of the parties' ability to negotiate in good faith and the need for flexibility in recognising the unique circumstances of the industry. The decision reinforces the principles of freedom of contract and the autonomy of the bargaining process, provided it adheres to the statutory framework.

Doolan 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