Morrell Plumbing Pty Ltd

[2013] FWCA 8293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Morrell Plumbing Pty Ltd
(AG2013/2930)

MORRELL PLUMBING ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 23 OCTOBER 2013

Application for approval of the Morrell Plumbing Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Morrell Plumbing Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Morrell Plumbing Pty Ltd ATF Morrell Family Trust (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Morrell Plumbing Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Morrell Plumbing Enterprise Agreement 2013. The applicant, Morrell Plumbing Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for approval and whether it complied with the provisions of the Act.

The court was required to determine if the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009, and if it was made in accordance with the relevant provisions of the Act. Specifically, the court had to examine whether the agreement was made in good faith and whether it provided for a proper process for the resolution of disputes. Additionally, the court needed to consider if the agreement was free from any improper influences and if it met the requirements for independent advice to be provided to the parties involved.

The court found that the Morrell Plumbing Enterprise Agreement 2013 complied with the mandatory terms and was made in good faith. The agreement provided a process for the resolution of disputes and was free from any improper influences. Furthermore, the court was satisfied that the independent advice requirements were met. Consequently, the court approved the agreement.

The court issued an order approving the Morrell Plumbing Enterprise Agreement 2013, subject to the terms and conditions outlined in the agreement. The approval came into effect on the date of the order, ensuring that the agreement would govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established