Dorvale Pty Ltd T/A Peter Graham Plumbing

[2013] FWCA 5328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dorvale Pty Ltd T/A Peter Graham Plumbing
(AG2013/1780)

DORVALE PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER BLAIR	ADELAIDE, 2 AUGUST 2013

Application for approval of the Dorvale Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Dorvale Pty Ltd 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 Dorvale Pty Ltd t/as Peter Graham Plumbing (the Applicant).

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with s.201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2013. The nominal expiry date of the Agreement is 8 August 2017.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dorvale Pty Ltd, trading as Peter Graham Plumbing, applied to the Fair Work Commission for the approval of the Dorvale Pty Ltd Enterprise Agreement 2013. The dispute arose from the proposed terms of employment for employees in the plumbing industry. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issues centred on whether the agreement adequately covered the relevant employees, if it contained the required minimum terms and conditions, and if the agreement had been genuinely negotiated.

The Fair Work Commission examined the evidence presented, including the process of negotiation and the content of the agreement. The Commission noted that the agreement was negotiated between Dorvale Pty Ltd and a representative of the employees, and that the negotiation process appeared to be conducted in good faith. The agreement included provisions for wages, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement met the requirements for approval under the Fair Work Act, as it covered all relevant employees and contained the necessary minimum terms and conditions. The agreement was therefore approved by the Commission.

The Fair Work Commission approved the Dorvale Pty Ltd Enterprise Agreement 2013, confirming its compliance with the statutory requirements. This decision ensures that the terms and conditions outlined in the agreement are legally binding for the employees covered by the agreement, providing a clear framework for their employment relationship. The approval process highlighted the importance of genuine negotiation and the inclusion of minimum terms and conditions in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established