DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perfect Pipes Pty Ltd
(AG2016/3625)

PERFECT PIPES PTY LTD 2016 - 2020 ENTERPRISE AGREEMENT

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 14 JULY 2016

Application for approval of the Perfect Pipes Pty Ltd 2016 - 2020 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Perfect Pipes Pty Ltd 2016 - 2020 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perfect Pipes 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Perfect Pipes Pty Ltd, sought approval of its 2016 - 2020 Enterprise Agreement from the Fair Work Commission. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, an industrial relations tribunal established under Australian federal law.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory criteria for approval. This involved examining whether the agreement was free from any illegality, whether it was made in good faith and whether it contained terms that were genuinely bargained between the parties. The Commission also considered the broader implications of the agreement for the employees and the company, including the impact on working conditions and remuneration.

The Fair Work Commission determined that the Enterprise Agreement met the requirements of the Fair Work Act. The Commission found that the agreement was free from illegality and had been genuinely negotiated between the parties. The terms of the agreement were deemed to be fair and reasonable, taking into account the economic circumstances of both the employees and the company. The Commission also noted the agreement's provisions for dispute resolution and the rights it afforded to employees. The application for approval was accordingly granted.

The Fair Work Commission approved the 2016 - 2020 Enterprise Agreement between Perfect Pipes Pty Ltd and the respondents. The Commission's decision affirmed the agreement's validity and effectiveness under the Fair Work Act. This outcome ensures that the terms and conditions set out in the agreement are legally binding on both parties for the duration of the agreement.

Perfect Pipes 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