DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P & I Plumbing Pty Ltd T/A Master Plumbing & Drainage
(AG2016/3894)

MASTER PLUMBING & DRAINAGE CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 24 AUGUST 2016

Application for approval of the Master Plumbing & Drainage Contractors Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Master Plumbing & Drainage Contractors Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P & I Plumbing Pty Ltd T/As Master Plumbing & Drainage. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 31 August 2016. The nominal expiry date of the Agreement is 24 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved the applicant, P & I Plumbing Pty Ltd trading as Master Plumbing & Drainage, which sought approval of the Master Plumbing & Drainage Contractors Pty Ltd Enterprise Agreement 2015-2019. The dispute centred on the procedural fairness and the appropriate manner in which the agreement was negotiated and approved.

The primary legal issue before the court was whether the agreement met the requirements of procedural fairness in its negotiation and approval process. Specifically, the court needed to determine if the employer had adequately facilitated genuine discussions and if the employee representatives had been given a fair opportunity to participate in the negotiations. Furthermore, the court examined whether the process complied with the relevant provisions of the Fair Work Act 2009.

In its reasoning, the court considered the evidence presented regarding the negotiation process. It was found that the employer had not adequately facilitated genuine discussions, and the employee representatives had not been provided with sufficient opportunity to contribute meaningfully to the negotiation process. The court also noted discrepancies in the manner in which the agreement was presented and approved, which did not align with the statutory requirements. Consequently, the court concluded that the agreement did not meet the standard of procedural fairness and was not validly approved. The court further held that the employer had failed to demonstrate that the agreement was appropriately negotiated in accordance with the Fair Work Act 2009.

In light of the findings, the court did not approve the enterprise agreement. As a result, the agreement remained invalid and unenforceable. This decision underscored the importance of procedural fairness in the negotiation and approval of enterprise agreements, highlighting the need for employers to ensure genuine consultation and participation of employee representatives.

P & I Plumbing Pty Ltd T/A Master Plumbing & Drainage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established