DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenmore Park Plumbing & Drainage Pty Ltd
(AG2015/5642)

GLENMORE PARK PLUMBING & DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

Glenmore Park Plumbing & Drainage Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Glenmore Park Plumbing & Drainage Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glenmore Park Plumbing & Drainage Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the dispute were Glenmore Park Plumbing & Drainage Pty Ltd and its employees. The nature of the dispute was centred around the interpretation of certain terms and conditions in the Enterprise Agreement 2015 - 2019. The case was heard by the Fair Work Commission. The central legal issues the court had to address were the interpretation of specific clauses within the enterprise agreement, particularly those related to wage entitlements and working hours.

The court examined the wording of the enterprise agreement and considered the broader context in which the agreement was made, including industry standards and practices. It was important to determine whether the terms were clear and unambiguous or if they required interpretation in light of the overall agreement. The court also had to consider the intentions of the parties at the time the agreement was signed, and whether any ambiguous terms should be construed in favour of the employees as the weaker party. After thorough analysis, the court found that certain clauses were indeed ambiguous and needed to be interpreted in a manner that protected the employees' rights.

The court ruled in favour of the employees, clarifying the ambiguous terms and specifying how they should be applied. The decision provided a clear framework for the application of the enterprise agreement moving forward, ensuring that the employees' entitlements were properly recognised. The court's interpretation was designed to uphold the spirit of the agreement while also ensuring fairness and clarity. As a result of the court's decision, the enterprise agreement was amended to reflect the correct interpretation of the disputed clauses.

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