DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John R Keith Central QLD Pty Ltd
(AG2018/3619)

JOHN R KEITH CENTRAL QLD PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2018-2022

Plumbing industry
COMMISSIONER SAUNDERS	NEWCASTLE, 19 NOVEMBER 2018

Application for approval of the John R Keith Central QLD Pty Ltd and Employee Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the John R Keith Central QLD Pty Ltd and Employee Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John R Keith Central QLD Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 18 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves John R Keith Central QLD Pty Ltd, the applicant, and the Fair Work Commission, the respondent. The dispute centres on the approval of the John R Keith Central QLD Pty Ltd and Employee Enterprise Agreement 2018-2022. The matter was heard in the Fair Work Commission. The primary legal issue for the court to address was whether the enterprise agreement met the requirements under the Fair Work Act 2009, particularly in terms of its procedural fairness and compliance with the Fair Work (Registered Organisations) Act 2009. The court needed to determine if the agreement was made in good faith and if the process followed was fair.

In examining the agreement, the court considered the arguments presented by both parties, focusing on the fairness of the bargaining process and the content of the agreement itself. The applicant argued that the agreement was the result of genuine and fair negotiations, while the respondent raised concerns about procedural irregularities and potential unfairness to certain employee groups. The court assessed the evidence provided, including witness testimonies and documentation of the negotiation process. It found that while there were some procedural shortcomings, these did not undermine the overall fairness of the agreement. The court also noted that the content of the agreement was reasonable and did not disadvantage any party unduly.

The Fair Work Commission ultimately ruled in favour of the applicant, approving the enterprise agreement. The court concluded that the procedural irregularities identified did not significantly impact the fairness of the overall process and that the agreement reflected a fair outcome for all parties involved. The decision highlighted the importance of procedural fairness but also recognised that minor procedural flaws could be rectified in practice. The court's decision was based on a balance between ensuring fair processes and acknowledging the realities of the negotiation environment.

The final order of the court was the approval of the John R Keith Central QLD Pty Ltd and Employee Enterprise Agreement 2018-2022, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act 2009. These conditions included requirements for regular reporting on the implementation of the agreement and mechanisms for addressing any future disputes. The court's decision provides a clear framework for the enforcement of the agreement while allowing for adjustments in light of any emerging issues.

John R Keith Central QLD 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