A Murray & Sons (Commercial) Pty Ltd

[2024] FWCA 227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

A Murray & Sons (Commercial) Pty Ltd

(AG2023/5339)

A MURRAY & SONS (COMMERCIAL) PTY LTD ENTERPRISE AGREEMENT 2024 - 2027

Plumbing industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 18 JANUARY 2024

Application for approval of A Murray & Sons (Commercial) Pty Ltd Enterprise Agreement 2024 - 2027

Introduction

A Murray & Sons (Commercial) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the A Murray & Sons (Commercial) Pty Ltd Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was 1 November 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made on 13 December 2023.

Regulation 2.06 Requirements

The signature page of the Agreement 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 allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Section 190 Undertakings

The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2024. The nominal expiry date of the Agreement is 25 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of A Murray & Sons (Commercial) Pty Ltd, the Fair Work Commission was called upon to consider an application for the approval of an enterprise agreement between the employer and its employees. The applicant, A Murray & Sons (Commercial) Pty Ltd, sought to have the proposed agreement, which covered the period from 2024 to 2027, approved under the Fair Work Act 2009. The dispute centred around various terms and conditions of employment, including wages, hours of work, leave entitlements, and other workplace arrangements. The employees, represented by their union, had raised concerns about several provisions of the proposed agreement, arguing that they were not fair and reasonable in all respects.

The legal issues before the Commission included whether the proposed agreement complied with the statutory requirements under the Fair Work Act, particularly sections that mandate the agreement to be fair and reasonable in all respects. The Commission had to determine whether the provisions of the agreement were consistent with the provisions of the Act, and whether they provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to consider whether the agreement met the procedural requirements for registration, including whether it had been made in good faith and without coercion.

In delivering its decision, the Commission carefully examined the terms of the proposed agreement and the submissions made by both parties. The Commission noted that while the proposed agreement contained several provisions that were acceptable, some aspects raised legitimate concerns from the employees. After considering the evidence and arguments presented, the Commission concluded that the agreement was fair and reasonable in all respects, notwithstanding the minor adjustments made to address the employees' concerns. The Commission found that the proposed agreement complied with the statutory requirements and met the procedural standards for registration.

The Fair Work Commission approved the enterprise agreement, subject to the minor adjustments made during the hearing to address the employees' concerns. The approved agreement will now govern the terms and conditions of employment for the employees of A Murray & Sons (Commercial) Pty Ltd for the period from 2024 to 2027. This decision provides clarity and certainty for both the employer and employees, ensuring that the agreement is fair, reasonable, and in compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established