DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Enston Pty Ltd T/A Barkly Plumbing Services
(AG2017/1858)

ENSTON PROPRIETARY LIMITED TRADING AS BARKLY PLUMBING SERVICES 2017-2021 WORKPLACE AGREEMENT

Northern Territory
COMMISSIONER LEE	MELBOURNE, 11 SEPTEMBER 2017

Application for approval of the Enston Proprietary Limited Trading as Barkly Plumbing Services 2017-2021 Workplace Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Enston Proprietary Limited Trading as Barkly Plumbing Services 2017-2021 Workplace Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of the Northern Territory trading as Master Builders Northern Territory on behalf of Enston Pty Ltd T/A Barkly Plumbing Services. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2017. The nominal expiry date of the Agreement is 2 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Enston Pty Ltd, trading as Barkly Plumbing Services, applied to the Fair Work Commission for the approval of its 2017-2021 Workplace Agreement. The dispute arose from the application process and the terms of the proposed agreement, which was to govern the employment conditions of the company's employees. The Fair Work Commission was the court tasked with deciding whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement contained terms that were contrary to the Fair Work Act, specifically whether it included terms that were contrary to the 'Better Off Overall Test'. This test required that employees be no worse off financially under the proposed agreement than they would be under the applicable award or registered agreement. Another issue was whether the agreement contained any unfair terms, including those that would undermine the rights of employees to take protected industrial action.

In determining the application, the Fair Work Commission examined the proposed agreement against the statutory criteria for approval. The Commission found that the agreement did not contain any terms that were contrary to the Better Off Overall Test, as employees were indeed no worse off financially under the proposed agreement. Furthermore, the Commission concluded that the agreement did not contain any unfair terms that would undermine employees' rights to protected industrial action. As such, the Commission was satisfied that the agreement met the necessary legal requirements for approval.

Consequently, the Fair Work Commission approved the Enston Proprietary Limited Trading as Barkly Plumbing Services 2017-2021 Workplace Agreement, finding it to be compliant with the Fair Work Act. The agreement was thus authorised to govern the employment conditions of the company's employees for the specified period.

Enston Pty Ltd T/A Barkly Plumbing Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established