DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenmore Park Plumbing & Drainage Pty Ltd
(AG2020/1479)

GLENMORE PARK PLUMBING & DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Plumbing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 JUNE 2020

Application for approval of the Glenmore Park Plumbing & Drainage Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Glenmore Park Plumbing & Drainage Pty Ltd Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Glenmore Park Plumbing & Drainage Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2020. The nominal expiry date of the Agreement is 12 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between Glenmore Park Plumbing & Drainage Pty Ltd and its employees. The applicants sought the Fair Work Commission's endorsement of the agreement, which outlined terms and conditions of employment for the duration of 2020 to 2024. The dispute arose as the applicants, employers, needed to ensure the agreement was compliant with the Fair Work Act 2009 and met the requirements for 'simple' agreements.

The primary legal issue before the court was whether the proposed agreement complied with the legislative framework governing enterprise agreements in Australia. Specifically, the court had to determine whether the agreement met the criteria for a 'simple' agreement under the Fair Work Act, which requires the agreement to be free from certain prohibited content and to comply with minimum standards. The court also needed to consider whether the agreement was genuinely negotiated and whether the necessary procedural requirements had been fulfilled.

In examining the agreement, the court assessed whether it contained any prohibited content, such as provisions that would undermine the minimum terms and conditions set out in modern awards or that would allow for less favourable treatment of employees. The court also evaluated whether the agreement had been genuinely negotiated between the parties and whether the necessary procedural steps, including the provision of relevant information and the opportunity for employee consultation, had been followed. Upon review, the court found that the agreement complied with all legislative requirements and was genuinely negotiated. Therefore, the court approved the enterprise agreement.

The final orders of the court were to approve the Glenmore Park Plumbing & Drainage Pty Ltd Enterprise Agreement 2020-2024, effective from the date of the decision, subject to the terms and conditions as outlined in the agreement. The court's approval ensured that the agreement would provide a legally binding framework for the employment relationship between the company and its employees for the specified period.

Glenmore Park Plumbing & Drainage 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