Jennings Plumbing Services (SA) Pty Ltd

Case [2023] FWCA 2827
[2023] FWCA 2827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Jennings Plumbing Services (SA) Pty Ltd

(AG2023/2879)

JPS (SA) EMPLOYEES ENTERPRISE AGREEMENT 2023

Plumbing industry

COMMISSIONER PLATT

ADELAIDE, 4 SEPTEMBER 2023

Application for approval of the JPS (SA) Employees Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the JPS (SA) Employees Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Jennings Plumbing Services (SA) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 29 August 2023.

  1. On 30 August 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement including notification time with respect to the commencement of bargaining.

  1. The notice of employee representational rights was issued on 5 June 2023 which marked the commencement of bargaining under the Act. The Application has been assessed on this basis.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 10 September 2027.


COMMISSIONER

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Details
AGLC
Jennings Plumbing Services (SA) Pty Ltd [2023] FWCA 2827
Case
[2023] FWCA 2827
Decision Date

CaseChat Overview and Summary

Jennings Plumbing Services (SA) Pty Ltd sought approval of an industrial instrument from the Fair Work Commission. The instrument was an enterprise agreement between the company and its employees. The company argued that the agreement was appropriate for the employees and would promote harmonious workplace relations. The Commission was required to determine whether the agreement met the necessary legal requirements for approval.

The legal issues in the case centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission considered whether the agreement had been made in good faith, and whether it provided for the proper protection of employees' interests. The Commission also considered whether the agreement met the requirements for simplification, and whether it complied with the provisions for employee consultation.

The Commission found that the agreement met the necessary legal requirements. The agreement had been made in good faith, and it provided for the proper protection of employees' interests. The agreement was also simplified and met the requirements for employee consultation. The Commission was satisfied that the agreement would promote harmonious workplace relations, and it approved the agreement. The company was directed to give the agreement to the Registrar for registration.

The Fair Work Commission approved the Jennings Plumbing Services (SA) Pty Ltd Employees Agreement 2023. The company was directed to give the agreement to the Registrar for registration. The approval of the agreement is an important step in ensuring that the employees of the company are properly protected and that workplace relations are harmonious.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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