The Trustee for Hain Investment Trust T/A Dowbury Pty Ltd

[2013] FWCA 7313

FAIR WORK COMMISSION

DECISION

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

The Trustee for Hain Investment Trust T/A Dowbury Pty Ltd
(AG2013/2304)

DOWBURY ROOF PLUMBING ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Dowbury Roof Plumbing Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Dowbury Roof Plumbing Enterprise Agreement 2013-2016 (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 Hain Investment Trust trading as Dowbury Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 6 September 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Contracts Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Trustee for Hain Investment Trust trading as Dowbury Pty Ltd, who sought approval of the Dowbury Roof Plumbing Enterprise Agreement 2013-2016. The dispute centred around the terms and conditions of employment for the roof plumbers employed by Dowbury. The applicant argued that the proposed agreement was fair and reasonable, while the opposing party raised concerns about certain provisions, including those relating to wages, hours of work, and redundancies.

The legal issues before the Commission were primarily concerned with whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was "applicable" and "made in good faith." The Commission needed to determine whether the agreement was consistent with the relevant provisions of the Act and whether it had been negotiated in an appropriate manner. The applicant needed to demonstrate that the agreement was not only procedurally sound but also substantively fair and reasonable for the employees covered by it.

In reaching its decision, the Commission considered the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the submissions made on behalf of the employees. The Commission found that the agreement was applicable and had been made in good faith. It considered the negotiation process to be robust and found that the agreement contained terms and conditions that were fair and reasonable for the employees. The Commission also noted that the agreement provided for certain protections and entitlements that were at least as good as, if not better than, those provided under the relevant award. Based on these findings, the Commission approved the Dowbury Roof Plumbing Enterprise Agreement 2013-2016.

As a result of the Commission's decision, the Dowbury Roof Plumbing Enterprise Agreement 2013-2016 was approved and became legally binding on the parties involved. The agreement now governs the terms and conditions of employment for the roof plumbers employed by Dowbury, and any disputes arising under the agreement will be subject to the procedures set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established