DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.E. McHahon Pty Ltd
(AG2019/1771)

R.E. MCMAHON PTY LTD PLUMBERS AND TRADES ASSISTANTS COLLECTIVE AGREEMENT 2019-2021

Plumbing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 AUGUST 2019

Application for approval of the R.E. McMahon Pty Ltd Plumbers and Trades Assistants Collective 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the R.E. McMahon Pty Ltd Plumbers and Trades Assistants Collective 2019-2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to subsection 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.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 August 2019. The nominal expiry date of the Agreement is 14 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves R.E. McMahon Pty Ltd, a company seeking approval of the R.E. McMahon Pty Ltd Plumbers and Trades Assistants Collective 2019-2021. The matter revolves around the company's application for the collective agreement's approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval as a single-employer agreement, including its compliance with the good faith bargaining obligations, and whether it contained all the necessary terms and conditions.

The primary legal issues before the Commission were whether the collective agreement was genuinely negotiated in good faith and whether it contained all the required terms and conditions. The applicant argued that the agreement had been negotiated in good faith and that it contained all the necessary terms and conditions. The Commission considered the evidence provided by both parties, including the negotiation process and the contents of the agreement. The Commission also assessed whether the agreement met the criteria for approval as a single-employer agreement.

In its decision, the Commission found that the collective agreement had been negotiated in good faith and contained all the necessary terms and conditions. The Commission considered the evidence of the negotiation process and the content of the agreement, concluding that it met the criteria for approval as a single-employer agreement. The Commission noted that the applicant had provided evidence of the negotiation process, including the involvement of a certified bargaining agent, and that the agreement contained all the required terms and conditions. The Commission was satisfied that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the R.E. McMahon Pty Ltd Plumbers and Trades Assistants Collective 2019-2021, finding that it met the criteria for approval as a single-employer agreement. The Commission concluded that the agreement had been genuinely negotiated in good faith and contained all the necessary terms and conditions. The approval of the agreement ensures that the employees are covered by a legally binding agreement that sets out their terms and conditions of employment.

R.E. McHahon 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