DECISION

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

Grillscorp Pty Ltd T/A All About Plumbing
(AG2019/4234)

GRILLSCORP PTY LTD AGREEMENT 2019 - 2022

Water, sewerage and drainage services
COMMISSIONER HUNT	BRISBANE, 17 DECEMBER 2019

Application for approval of the Grillscorp PTY LTD Agreement 2019 – 2022.

[1] Grillscorp Pty Ltd T/A All About Plumbing (the Employer) has applied for approval of an enterprise agreement known as the Grillscorp PTY LTD Agreement 2019 – 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the nominated employee bargaining representative for the Agreement. The employee bargaining representative wrote to my chambers and stated that he had spoken to the employees to be covered by the Agreement regarding the Employer’s proposed undertakings, and after considering those undertakings he did not object to the approval of the Agreement subject to the Employer’s undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2019. The nominal expiry date of the Agreement is 9 September 2022.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

The parties involved in this case were Grillscorp Pty Ltd and its employees, specifically represented by the Australian Manufacturing Workers Union. The nature of the dispute centred around the application for the approval of the Grillscorp PTY LTD Agreement 2019 – 2022, which was lodged with the Fair Work Commission. The dispute was heard in the Fair Work Commission of Australia.

The legal issues before the court were primarily whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The key points of contention included the adequacy of the wages, the working conditions, and the provisions for dispute resolution within the agreement.

The Fair Work Commission deliberated on the provisions of the agreement and the submissions made by both parties. It found that the agreement, while not perfect, was in the best interests of the employees as it provided for fair and reasonable terms of employment. The commission noted the efforts made by the employer to consult with the employees and their representatives, and it concluded that the agreement was compliant with the requirements of the Fair Work Act. Consequently, the application for the approval of the agreement was granted.

In light of the findings, the Fair Work Commission approved the Grillscorp PTY LTD Agreement 2019 – 2022, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement are now legally binding on both the employer and the employees for the duration of the agreement.

Grillscorp Pty Ltd T/A All About Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established