DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for G4 Plumbing Unit Trust T/A G4 Plumbing and Drainage Pty Ltd
(AG2019/2879)

G4 PLUMBING AND DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 SEPTEMBER 2019

Application for approval of the G4 Plumbing and Drainage Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the G4 Plumbing and Drainage Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for G4 Plumbing Unit Trust T/A G4 Plumbing and Drainage Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 9 September 2019 and, in accordance with s.54, will operate from 16 September 2019. The nominal expiry date of the Agreement is 30 July 2023.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the G4 Plumbing and Drainage Pty Ltd Enterprise Agreement 2019. The applicant, the trustee for the G4 Plumbing Unit Trust, sought the court's endorsement of the agreement, which outlined the terms and conditions of employment for employees within the plumbing and drainage sector. The primary concern was to ensure the agreement met the necessary standards and requirements set forth by the relevant industrial legislation.

The court was tasked with determining whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved assessing whether the agreement contained the mandated minimum terms, whether it had been fairly negotiated, and whether it met the criteria for being a simple, low-risk, or high-risk agreement. Furthermore, the court examined whether the agreement contained any terms that were inconsistent with the relevant award or that might result in adverse economic consequences.

In reaching its decision, the court carefully reviewed the terms of the agreement and considered the submissions made by both the applicant and the respondents. The court found that the agreement satisfied the necessary requirements, including the inclusion of the mandated minimum terms, and that it had been fairly negotiated. The court was satisfied that the agreement did not contain any terms that would result in adverse economic consequences and that it met the criteria for a low-risk agreement. Consequently, the court approved the G4 Plumbing and Drainage Pty Ltd Enterprise Agreement 2019.

The final orders of the court included the approval of the enterprise agreement, which would now govern the employment terms and conditions for the employees within the plumbing and drainage sector. This decision provided certainty and clarity for both the employer and employees, ensuring that the agreement met the necessary legal standards and requirements.

The Trustee for G4 Plumbing Unit Trust T/A G4 Plumbing and Drainage 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