G4 Plumbing and Drainage Pty Ltd Summary

[2013] FWCA 9486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G4 Plumbing and Drainage Pty Ltd
(AG2013/2534)

G4 PLUMBING AND DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 DECEMBER 2013

Application for approval of the G4 Plumbing and Drainage Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the G4 Plumbing and Drainage 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 G4 Plumbing and Drainage Pty Ltd (the Company).

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

[3] Pursuant to s.190 of the Act, the Company has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2013. The nominal expiry date of the Agreement is 9 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G4 Plumbing and Drainage Pty Ltd brought an application to the Fair Work Commission for approval of an enterprise agreement with its employees. The dispute centred around the terms and conditions set forth in the proposed agreement, particularly those concerning pay rates, shift patterns, and penalties for absenteeism. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided a fair and reasonable safety net for employees, whether it was free from any sham provisions, and whether it had been genuinely agreed upon by the parties involved. Additionally, the Commission had to consider whether the agreement complied with the requirements of the Fair Work Act, including provisions regarding minimum wages and penalty rates.

The Fair Work Commission found that the agreement was fair and reasonable, providing a satisfactory safety net for the employees. The Commission noted that the agreement had been negotiated in good faith and that the parties had genuinely agreed to its terms. The Commission also determined that the agreement complied with all statutory requirements, including those relating to minimum wages and penalty rates. Consequently, the Commission approved the enterprise agreement, recognising its validity and enforceability under the Fair Work Act.

In approving the agreement, the Commission emphasised the importance of maintaining a fair and balanced relationship between employers and employees. The Commission's decision highlights the need for enterprise agreements to provide adequate protections and benefits for workers while also ensuring that employers can operate their businesses efficiently. The approval of the G4 Plumbing and Drainage Pty Ltd Enterprise Agreement 2013 sets a precedent for similar agreements in the industry, reinforcing the principles of fairness and good faith in workplace negotiations.

G4 Plumbing and Drainage Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established