DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnson & Co Plumbing and Gas
(AG2015/6197)

THE JOHNSON & CO PLUMBING & GAS ENTERPRISE AGREEMENT 2015

Plumbing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 DECEMBER 2015

Application for approval of The Johnson & Co Plumbing & Gas Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Johnson & Co Plumbing & Gas Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Johnson & Co Plumbing and Gas. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 3 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Johnson & Co Plumbing and Gas was the subject of an application for the approval of the Enterprise Agreement 2015 before the Fair Work Commission. The applicant sought to have the agreement registered under the Fair Work Act 2009, which requires that certain procedural steps be followed before an agreement can be considered for approval. The dispute centred on whether the agreement met the necessary criteria for approval, specifically focusing on the processes followed during the negotiation and agreement-making process.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the relevant legislative requirements. This involved examining whether the bargaining representatives had been appropriately chosen, if the agreement was made without coercion, and if the agreement had been properly presented to the employees. Additionally, the Commission needed to assess if the agreement contained the mandatory terms as stipulated by the Fair Work Act.

The Fair Work Commission, after carefully reviewing the evidence and submissions from both parties, found that the agreement had been made following the correct procedures and without any coercion. The bargaining representatives were appropriately chosen, and the agreement had been presented to the employees in a clear and understandable manner. The Commission also confirmed that the agreement contained all the mandatory terms as required by the Act. Based on these findings, the Commission approved the Enterprise Agreement 2015 for registration.

As a result of the approval, the agreement will now be registered, and its terms will be legally enforceable between the employer and the employees. The decision underscores the importance of adhering to the statutory requirements when negotiating and finalising enterprise agreements, ensuring that all parties are protected under the law.

Johnson & Co Plumbing and Gas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established