DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tacoma Plumbing (Nth Qld) Pty Ltd
(AG2015/346)

TACOMA PLUMBING (NTH QLD) PTY LTD ENTERPRISE AGREEMENT 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 MARCH 2015

Application for approval of the Tacoma Plumbing (Nth Qld) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tacoma Plumbing (Nth Qld) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 25 March 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tacoma Plumbing (Nth Qld) Pty Ltd recently sought approval of its Enterprise Agreement 2015. The application was made to the Fair Work Commission, which exercises jurisdiction over matters such as this under the Fair Work Act 2009. The primary dispute involved the terms and conditions of employment within the company, focusing on the fairness and compliance of the proposed agreement with statutory requirements.

The key legal issues before the Commission included whether the agreement met the procedural fairness standards set out in the Act and whether it contained all the mandatory terms required by law. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

In its decision, the Commission found that the agreement was generally fair and compliant with the statutory obligations. The procedural fairness requirements were satisfied as the agreement had been negotiated in good faith and involved meaningful consultation with the employees. The Commission also confirmed that all mandatory terms were included, ensuring that employees' rights were adequately protected. Consequently, the Commission approved the Enterprise Agreement 2015, subject to minor modifications to clarify certain provisions.

The final orders of the Commission mandated that the modifications be incorporated into the agreement before it could be registered. The company was directed to implement the approved agreement and provide necessary documentation to the Commission within a specified timeframe. This decision provides a clear framework for the terms of employment within Tacoma Plumbing (Nth Qld) Pty Ltd, ensuring compliance with the Fair Work Act.

Tacoma Plumbing (Nth Qld) 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