DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robertson Plumbing & Gas Pty Ltd T/A Robertson Civil Services
(AG2019/44)

ROBERTSON CIVIL SERVICES/PORTLAND ALUMINIUM ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 20 JUNE 2019

Application for approval of the Robertson Civil Services/Portland Aluminium Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Robertson Civil Services/Portland Aluminium Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robertson Plumbing & Gas Pty Ltd T/A Robertson Civil Services. The agreement is a single enterprise agreement.

[2] Clause 27.5 of the Agreement contained references to “Apprentices” when none are engaged and pursuant to s.586(a) of the Act I allow a correction to the Agreement so that references to “Apprentices” are removed.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 20 June 2019 and, in accordance with s.54, will operate from 27 June 2019. The nominal expiry date of the Agreement is 30 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Robertson Plumbing & Gas Pty Ltd T/A Robertson Civil Services, the applicant sought approval of the Robertson Civil Services/Portland Aluminium Enterprise Agreement 2018. The application was made under the Fair Work Act 2009 and brought before the Fair Work Commission. The dispute involved the terms and conditions of employment for workers within the applicant's business, specifically those covered by the proposed agreement. The applicant argued that the agreement should be approved as it met the requirements of the Act and provided fair and reasonable terms for both employees and the employer.

The central legal issues before the Commission included whether the agreement contained all the mandated terms as per the Act and whether it was fair and reasonable. This involved examining the agreement's provisions concerning wages, hours of work, leave entitlements, and other conditions of employment. Additionally, the Commission assessed whether the agreement was genuinely negotiated and whether it met the criteria for "modern awards" under the Act. The applicant argued that the agreement was the product of genuine bargaining and provided fair terms that balanced the interests of both parties.

The Commission examined the evidence presented, including submissions from both the applicant and the union, as well as any other relevant materials. It found that the agreement did contain all the mandated terms and was genuinely negotiated between the parties. The Commission considered the fairness and reasonableness of the agreement, taking into account the broader economic context and the need for the agreement to be sustainable for both employers and employees. After careful consideration, the Commission concluded that the agreement met all the necessary criteria and was fair and reasonable. Consequently, the Commission approved the Robertson Civil Services/Portland Aluminium Enterprise Agreement 2018.

Robertson Plumbing & Gas Pty Ltd T/A Robertson Civil Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established