DECISION

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

Greg Brand Plumbing Pty Ltd
(AG2014/10273)

BRAND EXCAVATIONS ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 25 MARCH 2015

Application for approval of the Brand Excavations Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brand Excavations Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greg Brand Plumbing 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 Fair Work Commission (FWC) received correspondence dated 29 January 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] 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 25 March 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Greg Brand Plumbing Pty Ltd applied to the Fair Work Commission for approval of the Brand Excavations Enterprise Agreement 2014-2018. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement was in the best interests of the employees covered by the agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative provisions and whether it was in the best interests of the employees. The Commission considered whether the agreement met the statutory requirements, including the protection of employee entitlements and the provision of a fair and reasonable process for resolving disputes. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment conditions.

The Fair Work Commission found that the agreement was not in the best interests of the employees. The Commission noted that the agreement did not provide for adequate protection of employee entitlements, particularly in relation to overtime and penalty rates. The Commission also found that the agreement did not provide for a fair and reasonable process for resolving disputes between employees and employers. The Commission held that the agreement was not in the best interests of the employees and refused to approve it. The Commission noted that the agreement did not provide for fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment conditions.

The Fair Work Commission refused to approve the Brand Excavations Enterprise Agreement 2014-2018. The Commission found that the agreement did not provide for adequate protection of employee entitlements and did not provide for a fair and reasonable process for resolving disputes. The Commission held that the agreement was not in the best interests of the employees and refused to approve it.

Greg Brand Plumbing 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