DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Draincorp Pty Ltd; Draincorp Employment Services Pty Ltd
(AG2019/2515)

DRAINCORP PTY LTD AND DRAINCORP EMPLOYMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2018 – 2022

Plumbing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 AUGUST 2019

Application for approval of the Draincorp Pty Ltd and Draincorp Employment Services Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Draincorp Pty Ltd and Draincorp Employment Services Pty Ltd Enterprise Agreement 2018-2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 August 2019. The nominal expiry date of the Agreement is 22 August 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Draincorp Pty Ltd and Draincorp Employment Services Pty Ltd sought approval for their Enterprise Agreement 2018-2022. The respondents to the application were the Construction, Forestry, Maritime, Mining and Energy Union and two employees of the applicant companies. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues the Commission had to resolve were whether the agreement met the minimum standards set out in the Fair Work Act, and whether it was appropriately certified as a single-enterprise agreement. The Commission also needed to determine whether the agreement was free from prohibited content and if it complied with the requirements for good faith bargaining.

The Commission found that the proposed agreement satisfied the minimum standards of the Fair Work Act and was free from prohibited content. The agreement was also appropriately certified as a single-enterprise agreement. The Commission was satisfied that the parties had engaged in good faith bargaining, as evidenced by the negotiation process and the content of the agreement. Accordingly, the Commission approved the agreement.

As a result of the Commission’s approval, the Enterprise Agreement 2018-2022 for Draincorp Pty Ltd and Draincorp Employment Services Pty Ltd is now in effect. The agreement will govern the terms and conditions of employment for the relevant employees for the period specified.

Draincorp Pty Ltd; Draincorp Employment Services 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