DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen McPherson Services Pty Ltd
(AG2016/5650)

GLEN MCPHERSON SERVICES PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2016-2020

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Glen McPherson Services Pty Ltd Employee Collective Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Glen McPherson Services Pty Ltd Employee Collective Agreement 2016–2020 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act) by Glen McPherson Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] After reviewing the application, and the terms and conditions contained in the Agreement, the Commission sought clarification about various matters. The Applicant has provided written undertakings in response. A copy of those undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement as provided for by s.191 of the Act.

[3] I am otherwise satisfied that each of the requirements in 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 25 November 2016. The nominal expiry date of the Agreement is 17 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Glen McPherson Services Pty Ltd, represented by its directors, applied for approval of the Glen McPherson Services Pty Ltd Employee Collective Agreement 2016 - 2020. The application was brought before the Fair Work Commission, which needed to determine whether the agreement complied with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. This involved examining the agreement's compliance with the mandatory provisions of the Act, including minimum wages and conditions, permissible deductions from employee pay, and provisions concerning redundancy pay and termination of employment. Additionally, the Commission considered whether the agreement was made in good faith and whether it provided for the proper operation of the business.

The Commission concluded that the agreement was compliant with the mandatory provisions of the Fair Work Act and was made in good faith. The Commission noted that the agreement provided for appropriate terms and conditions for employees, including minimum wages, permissible deductions, and provisions for redundancy pay and termination of employment. The Commission also considered the proper operation of the business and found that the agreement was reasonably appropriate for the business's needs. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Glen McPherson Services Pty Ltd Employee Collective Agreement 2016 - 2020, finding it to be compliant with the mandatory provisions of the Fair Work Act and made in good faith. The Commission's decision provides clarity for the parties involved and sets a precedent for similar agreements in the future.

Glen McPherson Services 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