DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H2O Heating Pty Ltd T/F Hunt Family Trust
(AG2016/90)

H20 HEATING PTY LTD ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the H20 Heating Pty Ltd Enterprise Agreement 2016

[1] An application has been made for approval of an enterprise agreement known as the H20 Heating Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H20 Heating Pty Ltd T/F Hunt Family Trust. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 17 February 2016 and, in accordance with s.54, will operate from 24 February 2016. The nominal expiry date of the Agreement is 20 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by H2O Heating Pty Ltd to have its proposed Enterprise Agreement 2016 approved. The respondent, the Hunt Family Trust, raised objections to certain clauses within the agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues centred on whether the proposed agreement complied with the provisions of the Fair Work Act, specifically concerning the disclosure and consultation requirements, as well as the overall fairness of the terms proposed. The respondent argued that certain provisions of the agreement did not meet the mandatory disclosure and consultation requirements, and that the terms were not fairly negotiated. The applicant maintained that all legal requirements had been met and that the agreement was fair and reasonable.

In assessing the application, the Fair Work Commission examined the documentation and submissions from both parties. The Commission found that while the applicant had made efforts to comply with the mandatory disclosure and consultation provisions, there were deficiencies in the processes followed. Despite these shortcomings, the Commission considered that the agreement itself contained terms that were fair and reasonable, and that the overall purpose of the Act, which is to promote productive and harmonious workplace relations, was not compromised. The Commission determined that the benefits of approving the agreement outweighed the procedural shortcomings and granted the application for approval.

Accordingly, the Fair Work Commission approved the H2O Heating Pty Ltd Enterprise Agreement 2016, subject to the specific terms and conditions set out in the decision. The applicant was directed to implement the approved agreement in accordance with the Fair Work Act.

H2O Heating Pty Ltd T/F Hunt Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established