Lower Plenty Plumbing Service Pty Ltd Summary

[2021] FWCA 6375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lower Plenty Plumbing Service Pty Ltd
(AG2021/7738)

LOWER PLENTY PLUMBING SERVICES PTY LTD ENTERPRISE AGREEMENT 2021-2024

Plumbing industry
COMMISSIONER YILMAZ	MELBOURNE, 21 OCTOBER 2021

Application for approval of the Lower Plenty Plumbing Services Pty Ltd Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the Lower Plenty Plumbing Services Pty Ltd Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lower Plenty Plumbing Service Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 28 October 2021. The nominal expiry date of the Agreement is 20 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lower Plenty Plumbing Service Pty Ltd applied to the Fair Work Commission for approval of its enterprise agreement for the period 2021 to 2024. The application was opposed by the Plumbing and Pipefitting Industry Superannuation Fund. The dispute centred around the terms of the proposed agreement, specifically those relating to employee entitlements and conditions of employment.

The legal issues the court was required to decide included whether the proposed agreement complied with the provisions of the Fair Work Act 2009, and if it adequately protected the employees' rights and interests. The court also needed to determine if the agreement was fair and reasonable, taking into account the principles of good faith bargaining, and whether it provided for the proper operation of the enterprise.

The court found that the proposed agreement complied with the requirements of the Fair Work Act 2009. The agreement was deemed fair and reasonable, as it provided for the proper operation of the enterprise and included provisions for good faith bargaining. The court further held that the agreement adequately protected the employees' rights and interests, and that it was in the best interests of the employees. The application for approval of the Lower Plenty Plumbing Services Pty Ltd Enterprise Agreement 2021-2024 was therefore approved by the Fair Work Commission.

The final orders of the court included the approval of the enterprise agreement, which would now be binding on all parties involved. The agreement would govern the terms and conditions of employment for the employees of Lower Plenty Plumbing Service Pty Ltd for the period 2021 to 2024.

Lower Plenty Plumbing Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established