Plummers Project Services Pty Ltd

[2022] FWCA 2290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Plummers Project Services Pty Ltd

(AG2022/1993)

Application by Plummers Project Services Pty Ltd

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 11 JULY 2022

Application for approval of the Plummers Project Services Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Plummers Project Services Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plummers Project Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2022. The nominal expiry date of the Agreement is 11 July 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Plummers Project Services Pty Ltd applied to the Fair Work Commission for approval of the Plummers Project Services Pty Ltd Enterprise Agreement 2022. The application was made by the employer, Plummers Project Services Pty Ltd, seeking to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009. The agreement was intended to regulate the employment terms and conditions of the company's employees. The dispute involved the negotiation and registration of this enterprise agreement, focusing on whether it met all the legal requirements and satisfied the Commission's standards for approval.

The central legal issues before the Commission were whether the agreement contained all the required terms under section 228 of the Act, and whether it complied with the good faith bargaining provisions and the 10 per cent condition in section 230. The Commission had to ensure that the agreement was made in good faith, that it covered all the mandated subjects, and that it was supported by at least 10 per cent of the employees in the relevant bargaining unit. Additionally, the Commission examined whether the agreement was fair and reasonable in the circumstances and if it met the requirements for registration.

The Fair Work Commission determined that the agreement did contain all the necessary terms and was made in good faith. It satisfied the 10 per cent condition as it had been supported by the requisite number of employees. The Commission found that the agreement was fair and reasonable, meeting the standards for approval and registration under the Fair Work Act 2009. Consequently, the Commission approved the agreement, which will now be registered as a certified enterprise agreement, binding both the employer and the employees.

The final orders included the approval and registration of the Plummers Project Services Pty Ltd Enterprise Agreement 2022 as a certified agreement under the Fair Work Act 2009. This registration will govern the employment terms and conditions for the employees of Plummers Project Services Pty Ltd, providing a legally binding framework for their industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established