DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Neill & Brown Plumbing Company Pty Ltd
(AG2016/3338)

O’NEILL & BROWN PLUMBING COMPANY PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2016-2020

Australian Capital Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 JULY 2016

Application for approval of the O’Neill & Brown Plumbing Company Pty Ltd and Employees Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the O’Neill & Brown Plumbing Company Pty Ltd and Employees Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O’Neill & Brown Plumbing Company 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 July 2016 and, in accordance with s.54, will operate from 28 July 2016. The nominal expiry date of the Agreement is 21 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter are O’Neill & Brown Plumbing Company Pty Ltd, an employer, and its employees, who are the subject of the proposed enterprise agreement. The dispute pertains to the application for the approval of the O’Neill & Brown Plumbing Company Pty Ltd and Employees Enterprise Agreement 2016-2020. This case was heard and determined in the Fair Work Commission of Australia. The legal issues at the heart of this case revolve around whether the proposed enterprise agreement meets the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement is a genuine enterprise agreement, if it was made in good faith, and if it addresses the necessary pay and conditions for the employees.

The Fair Work Commission examined the process through which the agreement was formed and if it involved genuine bargaining. The court assessed the evidence provided by the employer and the union representatives to ensure that the agreement was not only a product of good faith negotiations but also reflected a balance of interests between the employer and the employees. The court also scrutinised the contents of the proposed agreement to verify that it complied with all relevant provisions of the Fair Work Act, including the minimum pay rates and conditions stipulated by the Act. The primary concern was whether the agreement provided adequate protections and benefits to the employees, without unduly disadvantaging the employer.

The Fair Work Commission found that the enterprise agreement was indeed a genuine product of good faith negotiations and met all the statutory requirements for approval. The evidence presented demonstrated that the agreement was formed through a process of fair and genuine bargaining. The Commission was satisfied that the agreement contained provisions that addressed the necessary pay and conditions for the employees and complied with the Fair Work Act. Consequently, the application for approval of the O’Neill & Brown Plumbing Company Pty Ltd and Employees Enterprise Agreement 2016-2020 was granted. This decision allows the agreement to come into effect, providing a framework for the terms and conditions of employment for the employees of the company for the period specified.

O’Neill & Brown Plumbing Company 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