J. Sainsbury & Co (ACT) Pty Ltd

[2013] FWCA 7656

FAIR WORK COMMISSION

DECISION

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

J. Sainsbury & Co (ACT) Pty Ltd
(AG2013/8746)

J.SAINSBURY & CO (ACT) PTY LTD PLUMBING AND MECHANICAL SERVICES CANBERRA COLLECTIVE AGREEMENT 2013-2017

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 1 OCTOBER 2013

Application for approval of the J. Sainsbury & Co (ACT) Pty Ltd Plumbing and Mechanical Services Canberra Collective Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known asthe J. Sainsbury & Co (ACT) Pty Ltd Plumbing and Mechanical Services Canberra Collective Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J. Sainsbury & Co (ACT) 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 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 8 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, J. Sainsbury & Co (ACT) Pty Ltd, sought approval of the Plumbing and Mechanical Services Canberra Collective Agreement 2013-2017. The dispute was heard in the Fair Work Commission. The key issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009. The Commission needed to determine if the agreement was in the best interests of the employees and if it met the necessary standards for approval.

In examining the agreement, the Commission considered several factors. These included whether the agreement contained provisions that were fair and reasonable in all aspects, and whether it provided for the appropriate balance between the rights and obligations of employers and employees. The Commission also assessed if the agreement provided adequate protections for employees and if it aligned with the objectives of the Fair Work Act. After reviewing the evidence and submissions, the Commission found that the agreement met the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Plumbing and Mechanical Services Canberra Collective Agreement 2013-2017. The Commission determined that the agreement was fair and reasonable, and it provided adequate protections and balances the rights and obligations of both parties. This decision ensures that the terms of the agreement are legally binding and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established