DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fermor Plumbing Services Pty Ltd T/A Fermor Plumbing Services
(AG2016/3694)

FERMOR PLUMBING DUGALD RIVER CAMP WORKPLACE AGREEMENT 2016

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 20 JULY 2016

Application for approval of the Fermor Plumbing Dugald River Camp Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fermor Plumbing Dugald River Camp Workplace Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fermor Plumbing Services Pty Ltd T/A Fermor Plumbing Services. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2016. The nominal expiry date of the Agreement is 19 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fermor Plumbing Services Pty Ltd, trading as Fermor Plumbing Services, applied for the approval of the Fermor Plumbing Dugald River Camp Workplace Agreement 2016. The application was made under section 186 of the Fair Work Act 2009 and was heard in the Fair Work Commission. The dispute centred around whether the agreement met the requirements of the Fair Work Act, particularly if it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and if it complied with the requirements of the Fair Work Act. Specifically, the applicant sought to ensure that the agreement was not unfair as per section 233 of the Act and that it did not contravene any of the provisions of the National Employment Standards.

The Fair Work Commission considered the submissions from both parties and the relevant provisions of the Fair Work Act. The Commission noted that the agreement contained provisions that were fair and reasonable and met the requirements of the Act. The Commission concluded that the agreement did not contain any unfair provisions and was compliant with the National Employment Standards. Consequently, the application was approved, and the agreement was registered.

The final orders of the Commission were that the Fermor Plumbing Dugald River Camp Workplace Agreement 2016 be approved and registered under section 186 of the Fair Work Act 2009. The agreement was to apply to employees who were engaged under the agreement as of the date of registration. The approval of the agreement meant that it would have the force of an enterprise agreement, and its terms would be binding on the parties.

Fermor Plumbing Services Pty Ltd T/A Fermor 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