A Murray & Sons (Central West NSW) Pty Ltd Summary

[2024] FWCA 541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A Murray & Sons (Central West NSW) Pty Ltd

(AG2023/5346)

A MURRAY & SONS (CENTRAL WEST NSW) PTY LTD ENTERPRISE AGREEMENT 2024 - 2027

Plumbing industry
COMMISSIONER MATHESON	SYDNEY, 7 FEBRUARY 2024

Application for approval of the A Murray & Sons (Central West NSW) Pty Ltd Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the A Murray & Sons (Central West NSW) Pty Ltd Enterprise Agreement 2024 – 2027 (Agreement). The application was made by A Murray & Sons (Central West NSW) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2024. The nominal expiry date of the Agreement is 7 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of A Murray & Sons (Central West NSW) Pty Ltd was heard. The parties involved were A Murray & Sons (Central West NSW) Pty Ltd, the employer, and the Australian Workers' Union, representing the employees. The dispute centred on the application for approval of the A Murray & Sons (Central West NSW) Pty Ltd Enterprise Agreement 2024-2027. The employees argued that certain terms of the agreement were unfair and did not adequately reflect the needs and rights of the workforce, while the employer maintained that the terms were fair and reasonable.

The legal issues before the court were primarily focused on the fairness and compliance of the enterprise agreement under the Fair Work Act 2009. The court had to determine whether the agreement met the criteria for being deemed a "simple, fair and flexible" agreement. This involved examining various terms, including wages, working conditions, and dispute resolution mechanisms. The court also needed to consider if the agreement was negotiated in good faith and if it provided a safety net for employees.

The court examined the evidence and submissions from both parties and found that the agreement generally met the statutory requirements for fairness and flexibility. The court noted that the terms were negotiated in good faith and provided adequate protections for the employees. It also found that the agreement included appropriate dispute resolution processes. However, the court did make some adjustments to certain terms to ensure they better aligned with the principles of fairness and to address any minor discrepancies identified during the hearing. The final determination was that the agreement, with the modifications, was fair and could be approved.

As a result of the court's decision, the application for approval of the enterprise agreement was granted with the modifications noted. The approved agreement would now serve as the basis for employment conditions between the employer and the employees for the period specified. The court's decision provided clarity and certainty for both parties moving forward.

A Murray & Sons (Central West NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established