DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for The Mirabile Family Trust T/A Global Plumbing Pty Ltd
(AG2016/6789)

GLOBAL PLUMBING PTY LTD ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 13 DECEMBER 2016

Application for approval of the Global Plumbing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Global Plumbing Pty Ltd Enterprise Agreement 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 The Mirabile Family Trust T/A Global Plumbing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The Agreement was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Global Plumbing Pty Ltd Enterprise Agreement 2016. The applicant, the trustee for The Mirabile Family Trust trading as Global Plumbing Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was opposed by the Australian Building and Construction Commission (ABCC), which argued that the agreement did not meet certain legal requirements for registration.

The primary legal issues before the court were whether the agreement contained the mandatory terms required by the Fair Work Act, and whether it complied with the procedural requirements for registration. The ABCC argued that the agreement did not include a dispute resolution clause, which is a mandatory term under the Act, and that the process for registering the agreement was flawed because it did not follow the correct procedures as outlined in the legislation.

In assessing these issues, the court examined the content of the agreement and the process by which it was submitted for registration. The court found that while the agreement did not explicitly include a dispute resolution clause, it did contain a clause that effectively provided for the resolution of disputes. This was sufficient to meet the mandatory term requirements of the Act. The court also determined that the registration process, while not perfectly executed, did not contain any substantial procedural flaws that would invalidate the registration application. Consequently, the court concluded that the agreement met the necessary legal standards and approved the application.

The court's decision resulted in the Global Plumbing Pty Ltd Enterprise Agreement 2016 being registered as a certified agreement under the Fair Work Act 2009. This decision ensures that the agreement remains in force and provides a framework for the employment conditions of the workers covered by the agreement.

The Trustee for The Mirabile Family Trust T/A Global Plumbing 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