DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jeff MacDonald Plumbing Pty Ltd
(AG2014/8206)

JEFF MACDONALD PLUMBING ENTERPRISE AGREEMENT 2014-2017

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 DECEMBER 2014

Application for approval of the Jeff MacDonald Plumbing Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jeff MacDonald Plumbing Enterprise Agreement 2014 - 2017 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] I hereby grant an extension of time within which the application can be made under s.185(3)(b).

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 11 December 2014. The nominal expiry date of the Agreement 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jeff MacDonald Plumbing Pty Ltd sought approval of the Jeff MacDonald Plumbing Enterprise Agreement 2014 - 2017. The application was made in the Fair Work Commission under the Fair Work Act 2009. The dispute involved the classification and wages of employees within the company, with particular focus on the roles of plumbers, gas fitters, and apprentices. The primary legal issues before the Commission were whether the agreement complied with the statutory requirements for bargaining and whether the proposed classifications and wage rates were reasonable.

The Commission considered the process by which the agreement was negotiated, the nature of the bargaining, and whether the agreement met the standards of good faith bargaining. The Commission also examined the proposed classifications and wage rates to determine if they were fair and reasonable, taking into account the broader context of the industry and the principles of the National Employment Standards. After thorough analysis, the Commission found that the agreement was negotiated in good faith and that the proposed classifications and wage rates were fair and reasonable. The agreement was therefore approved.

The Fair Work Commission approved the Jeff MacDonald Plumbing Enterprise Agreement 2014 - 2017, acknowledging that the negotiation process was conducted in good faith and that the proposed terms were fair and reasonable. The approved agreement is now binding on the parties and will govern the employment conditions for the specified period. This decision provides clarity and certainty for both the employer and the employees, ensuring that their rights and obligations are protected under the terms of the approved agreement.

Jeff MacDonald 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