DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plummers Project Services Pty Ltd
(AG2017/1378)

PLUMMERS PROJECT SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MAY 2017

Application for approval of the Plummers Project Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Plummers Project Services Pty Ltd Enterprise Agreement 2017 (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.

[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. 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.

[3] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 16 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Plummers Project Services Pty Ltd, the employer, filed an application before the Fair Work Commission for approval of the Plummers Project Services Pty Ltd Enterprise Agreement 2017. The application was made pursuant to section 234 of the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for the company's workers. The Commission was required to determine whether the agreement met the requirements of the Act and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for appropriate mechanisms for the resolution of disputes between employees and the employer, whether it contained adequate provisions for the protection of employee entitlements, and whether the agreement was made in good faith and without coercion. The Commission considered submissions from both parties, as well as relevant legislation and case law. The employer argued that the agreement was fair and reasonable, while the employees' representative contended that certain provisions were inadequate and did not meet the requirements of the Act.

After considering the evidence and submissions, the Commission found that the agreement did not meet the requirements of the Act in several respects. The Commission noted that certain provisions were not consistent with the objectives of the Act, and that the agreement did not provide for appropriate mechanisms for the resolution of disputes. The Commission also found that the agreement did not adequately protect employee entitlements, and that it did not meet the good faith and without coercion requirements of the Act. As a result, the Commission refused to approve the agreement.

The Fair Work Commission refused to approve the Plummers Project Services Pty Ltd Enterprise Agreement 2017. The Commission found that the agreement did not meet the requirements of the Fair Work Act 2009 and was not in the best interests of the employees. The Commission's decision highlights the importance of ensuring that enterprise agreements comply with the relevant legislative framework and provide for adequate protections for employees.

Plummers Project Services 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