DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KFE Plumbing Services Pty Ltd T/A KFE Plumbing Services Pty Ltd
(AG2016/1572)

KFE PLUMBING SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the KFE Plumbing Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the KFE Plumbing Services Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KFE Plumbing Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 10 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, KFE Plumbing Services Pty Ltd T/A KFE Plumbing Services Pty Ltd sought approval for the KFE Plumbing Services Pty Ltd Enterprise Agreement 2016. The application was contested by the Australian Manufacturing Workers’ Union, who raised concerns about the fairness and compliance of the agreement with relevant industrial laws. The dispute centred on whether the agreement met the necessary criteria for approval, including its adherence to the Fair Work Act 2009 and its ability to provide a fair and efficient workplace.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the registration and approval of enterprise agreements. Key issues included whether the agreement had been made in good faith, if it provided for a fair and efficient workplace, and whether it met the requirements for simplification and streamlining of industrial relations processes. The Commission also examined if the agreement adequately addressed the needs and interests of both the employer and the employees, particularly in terms of wages, conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement substantially complied with the requirements of the Fair Work Act 2009. The Commission noted that the agreement had been made in good faith and provided for a fair and efficient workplace. It found that the agreement was straightforward, reducing complexity and promoting better industrial relations. The Commission concluded that the agreement met the necessary criteria for approval and did not unfairly disadvantage any party. The Commission approved the KFE Plumbing Services Pty Ltd Enterprise Agreement 2016, highlighting its positive impact on workplace relations and its compliance with industrial laws.

The Commission issued an order approving the KFE Plumbing Services Pty Ltd Enterprise Agreement 2016. The agreement was registered and deemed to be in effect from the date of the Commission’s decision. The order mandated that the agreement be implemented in accordance with its terms, ensuring compliance with all relevant industrial laws.

KFE Plumbing Services Pty Ltd T/A KFE Plumbing Services 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