Regional Plumbing (Vic) Pty Ltd

Case [2016] FWCA 4590


[2016] FWCA 4590
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Regional Plumbing (Vic) Pty Ltd
(AG2016/1678)

REGIONAL PLUMBING VIC PTY LTD ENTERPRISE AGREEMENT 2016

Plumbing industry

COMMISSIONER LEE

MELBOURNE, 11 JULY 2016

Application for approval of the Regional Plumbing Vic Pty Ltd Enterprise Agreement 2016.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2016. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE419851  PR582578>

Details
AGLC
Regional Plumbing (Vic) Pty Ltd [2016] FWCA 4590
Case
[2016] FWCA 4590
Decision Date

CaseChat Overview and Summary

The applicant, Regional Plumbing (Vic) Pty Ltd, applied to the Fair Work Commission for approval of the Regional Plumbing Vic Pty Ltd Enterprise Agreement 2016. The application was contested by the Australian Manufacturing Workers' Union, which raised objections on behalf of its members. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement contained the minimum terms and conditions mandated by the Act and whether it complied with the procedural requirements for approval.

The Commission examined the agreement's provisions and the application process to ensure all statutory requirements were met. The key legal issues included whether the agreement covered all employees and bargaining units as required, whether it included the minimum terms and conditions set out in the Act, and whether the application was made in accordance with the procedural provisions. The Commission considered submissions from both parties and assessed the evidence provided. It found that the agreement substantially complied with the statutory minimum terms and conditions and that the application process was valid.

After careful consideration, the Commission approved the agreement, determining that it met the necessary criteria for approval. The agreement was found to provide fair and reasonable terms for employees and to comply with the procedural requirements. The Commission's decision was based on the substantial compliance with the statutory provisions and the validity of the application process. The final orders of the Commission were that the Regional Plumbing Vic Pty Ltd Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.