Loxton Plumbing Service Pty Ltd Summary

[2014] FWCA 4417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loxton Plumbing Service Pty Ltd
(AG2014/1331)

LOXTON PLUMBING SERVICE PTY LTD ENTERPRISE AGREEMENT 2014

Plumbing industry
SENIOR DEPUTY PRESIDENT O’CALLAGHAN	ADELAIDE, 4 JULY 2014

Application for approval of the Loxton Plumbing Service Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Loxton Plumbing Service Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loxton 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 of the Act 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 12 July 2014. The nominal expiry date of the Agreement is 11 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Loxton Plumbing Service Pty Ltd applied for approval of an enterprise agreement that had been entered into by the company and its employees. The Fair Work Commission was the court that heard the matter. The primary issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This involved examining whether the agreement contained the necessary minimum entitlements and whether it was made in good faith and without coercion.

The Commission assessed the agreement against the statutory requirements, focusing on whether it provided for the minimum entitlements as set out in the Fair Work Act, and whether there was evidence of genuine bargaining between the parties. The company argued that the agreement was the product of good faith negotiations and met all legal requirements. The employees, represented by a union, contended that the agreement did not adequately protect their rights and that it was not genuinely negotiated.

The Commission found that the agreement did meet the statutory minimum entitlements and that there was sufficient evidence of genuine bargaining between the parties. The Commission was satisfied that the agreement was made in good faith and did not involve any element of coercion. Accordingly, the Commission approved the agreement.

The final orders of the Commission were that the Loxton Plumbing Service Pty Ltd Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and would be in effect from the date of the Commission's decision.

Loxton 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