DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RP Leisk Pty Ltd T/A Leisk Hydraulics
(AG2016/3507)

RP LEISK PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the RP Leisk Pty Ltd and Employee Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the RP Leisk Pty Ltd and Employee Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RP Leisk Pty Ltd T/A Leisk Hydraulics. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RP Leisk Pty Ltd, trading as Leisk Hydraulics, an application was made to the Fair Work Commission for approval of the Employee Enterprise Agreement 2016 - 2019. The application was contested by the Australian Manufacturing Workers' Union, who argued that the proposed agreement did not adequately address certain conditions of employment.

The primary legal issues the Commission needed to decide were whether the agreement was fair and reasonable and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered whether the proposed agreement provided for adequate minimum rates of pay, leave entitlements, and other conditions that were consistent with the principles of enterprise bargaining. It also examined whether the agreement allowed for proper consultation and negotiation processes.

The Commission found that the agreement was fair and reasonable and complied with the necessary legal standards. It noted that the proposed agreement provided for adequate minimum rates of pay and leave entitlements, and that it included provisions for consultation and negotiation. The Commission was satisfied that the agreement represented a genuine bargain between the employer and the employees and was consistent with the principles of enterprise bargaining. Accordingly, the application was approved.

As a result of the decision, the Employee Enterprise Agreement 2016 - 2019 was approved and will apply to the employees of RP Leisk Pty Ltd, trading as Leisk Hydraulics, for the period specified in the agreement.

RP Leisk Pty Ltd T/A Leisk Hydraulics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established