DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elevate Plumbing Qld Pty Ltd
(AG2020/1223)

ELEVATE PLUMBING QLD PTY LTD ENTERPRISE AGREEMENT 2020 - 2023

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 5 JUNE 2020

Application for approval of the Elevate Plumbing Qld Pty Ltd Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Elevate Plumbing Qld Pty Ltd Enterprise Agreement 2020 - 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elevate Plumbing Qld Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Elevate Plumbing Qld Pty Ltd, sought approval for an enterprise agreement which was entered into with its employees. The respondents to the application included several trade unions who opposed the approval of the agreement on various grounds. The matter was heard by the Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was otherwise compliant with the legislative requirements. The respondents argued that the agreement failed to adequately provide for certain entitlements and conditions, including minimum rates of pay, penalty rates, and annual leave provisions. They also contended that the agreement did not sufficiently protect the interests of employees, particularly those in lower-paid positions.

After reviewing the evidence and arguments presented by both parties, the Commission determined that the enterprise agreement did indeed meet the necessary criteria for approval. The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act and that it provided for fair and reasonable conditions for the employees. The Commission also noted that the agreement had been entered into in good faith and after proper consultation with the relevant trade unions. As a result, the application for approval of the agreement was ultimately successful.

The Commission approved the Elevate Plumbing Qld Pty Ltd Enterprise Agreement 2020 - 2023, confirming its compliance with the Fair Work Act and its appropriateness as a binding enterprise agreement between the applicant and its employees. The Commission's decision provides clarity and certainty for both the applicant and its employees, ensuring that the agreement will govern their industrial relationship for the specified period.

Elevate Plumbing Qld 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