Fletcher Plumbing & Co Pty Ltd

[2014] FWCA 1060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fletcher Plumbing & Co Pty Ltd
(AG2014/44)

FLETCHER PLUMBING & CO PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 12 FEBRUARY 2014

Application for approval of the Fletcher Plumbing & Co Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Fletcher Plumbing & Co 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 Fletcher Plumbing & Co Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 12 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Fletcher Plumbing & Co Pty Ltd to have the Fletcher Plumbing & Co Pty Ltd Enterprise Agreement 2013 approved. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009, specifically concerning the provisions related to employee entitlements and procedural fairness. The Commission was tasked with ensuring that the agreement did not disadvantage employees, was made in good faith, and met the requirements of a lawful agreement.

The key legal issues that the Commission had to address included whether the agreement contained all the terms required by section 229 of the Act, whether the agreement had been made in good faith, and whether the agreement provided for procedural fairness. Additionally, the Commission needed to determine if the agreement met the minimum entitlements set out in the National Employment Standards and whether any provisions in the agreement were inconsistent with any provisions in the relevant modern awards.

The Fair Work Commission, after thorough consideration of the submissions from both parties and the relevant legal frameworks, found that the agreement largely complied with the requirements of the Fair Work Act. The Commission concluded that the agreement had been made in good faith and provided for procedural fairness. While there were some minor discrepancies regarding the minimum entitlements, these were considered to be rectifiable through minor amendments. The Commission approved the enterprise agreement subject to these amendments being made.

The final orders of the Commission included the approval of the Fletcher Plumbing & Co Pty Ltd Enterprise Agreement 2013, with the condition that amendments be made to ensure compliance with the minimum entitlements set out in the National Employment Standards. The agreement was to be lodged with the Commission within a specified timeframe to ensure that the necessary changes were implemented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established