DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Woolsey Family Trust T/A Jorob Plumbing Services Pty Ltd
(AG2018/7134)

JOROB PLUMBING SERVICES AGREEMENT 2018

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 13 MAY 2019

Application for approval of the Jorob Plumbing Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jorob Plumbing Services Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Woolsey Family Trust T/A Jorob Plumbing Services 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.

[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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 13 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Woolsey Family Trust, trading as Jorob Plumbing Services Pty Ltd, sought approval for the Jorob Plumbing Services Agreement 2018 from the Supreme Court. The Trust aimed to formalise its business operations and ensure compliance with relevant laws. The application required the court's scrutiny of the agreement's terms, particularly focusing on the fairness and reasonableness of the provisions concerning the Trust's employees.

The central legal issue before the court was whether the terms of the Jorob Plumbing Services Agreement 2018 were fair and reasonable, as required by the applicable legislative framework. The Trust argued that the agreement was necessary to protect its business interests and ensure the efficient operation of its plumbing services. The court needed to assess the balance of the agreement's provisions, particularly those affecting the rights and obligations of the Trust's employees.

In evaluating the agreement, the court considered the nature of the plumbing services industry, the roles and responsibilities of the Trust and its employees, and the overall fairness of the terms. The court examined whether the agreement provided adequate protection for employees, including fair compensation, reasonable working conditions, and appropriate dispute resolution mechanisms. After a thorough review, the court found that the agreement was fair and reasonable, taking into account the legitimate business needs of the Trust and the rights of its employees. Consequently, the court approved the Jorob Plumbing Services Agreement 2018.

The court's approval of the agreement allows the Woolsey Family Trust to proceed with its business operations under the formalised terms. The decision provides clarity and legal certainty for the Trust and its employees, ensuring that the agreement complies with relevant legal standards. This ruling supports the Trust's ability to operate efficiently while protecting the rights of its employees.

The Woolsey Family Trust T/A Jorob Plumbing Services 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