DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SS Plumbing Solutions Pty Ltd T/A SS Plumbing Solutions
(AG2015/5753)

SS PLUMBING SOLUTIONS ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for approval of the SS Plumbing Solutions Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the SS Plumbing Solutions Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SS Plumbing Solutions Pty Ltd T/A SS Plumbing Solutions. 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 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of SS Plumbing Solutions Pty Ltd trading as SS Plumbing Solutions was considered. The dispute involved an application for the approval of the SS Plumbing Solutions Enterprise Agreement 2015-2019, a collective agreement governing the terms and conditions of employment for the company's employees. The application was brought forth by the employer, SS Plumbing Solutions, seeking formal endorsement of the agreement to ensure its legal enforceability and compliance with the Fair Work Act 2009.

The central legal issues before the Commission revolved around whether the agreement complied with the relevant provisions of the Fair Work Act and if it met the criteria for being a "better off overall" agreement. Key aspects included the procedural fairness of the bargaining process, the inclusion of all mandatory terms, and whether the agreement provided a safety net of minimum entitlements and conditions. Additionally, the Commission examined whether the agreement adequately balanced the interests of both the employer and employees.

After careful consideration, the Commission found that the agreement did indeed meet the statutory requirements. The bargaining process was deemed fair and transparent, with adequate representation and participation from both parties. The agreement was comprehensive, covering all necessary mandatory terms, and it provided a safety net of minimum entitlements and conditions. Furthermore, the Commission determined that the agreement was better off overall for the employees, offering improvements in various aspects of their employment conditions. As a result, the Commission approved the SS Plumbing Solutions Enterprise Agreement 2015-2019, thereby rendering it a legally binding document for the duration specified.

The Fair Work Commission ordered the approval of the SS Plumbing Solutions Enterprise Agreement 2015-2019, effective from the date of the decision and continuing until the expiration date of 31 August 2019. The agreement was to be registered with the Fair Work Commission and made available to all employees, ensuring that it would govern the employment conditions of the parties involved during the stipulated period.

SS Plumbing Solutions Pty Ltd T/A SS Plumbing Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established