DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Q & O Holdings Pty Ltd t/a Q & O Plumbing
(AG2019/4416)

Q & O PLUMBING ENTERPRISE AGREEMENT 2019

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Q & O Plumbing Enterprise Agreement 2019

[1] Q & O Holdings Pty Ltd t/a Q & O Plumbing has made an application for approval of an enterprise agreement known as the Q & O Plumbing Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 20 December 2019 and, in accordance with s 54, will operate from 27 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Q & O Holdings Pty Ltd, trading as Q & O Plumbing, for approval of the Q & O Plumbing Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith.

The Commission noted that the agreement was the result of extensive negotiations between the parties and was comprehensive in its coverage. The Commission considered the terms of the agreement, the evidence provided by both parties, and the broader economic and industrial context. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The Commission was satisfied that the agreement met all the statutory requirements for approval and accordingly approved the agreement.

The Fair Work Commission approved the Q & O Plumbing Enterprise Agreement 2019. The approval is effective from the date of the decision and will apply to all employees covered by the agreement. The parties are bound by the terms of the agreement, which sets out the terms and conditions of employment for the relevant employees. The decision of the Commission is final and binding, and may be enforced in any court of law.

Q & O Holdings Pty Ltd t/a Q & O Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established