A. Murray & Sons Pty Ltd

[2013] FWCA 5966

FAIR WORK COMMISSION

DECISION

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

A. Murray & Sons Pty Ltd
(AG2013/7872)

A MURRAY & SONS PTY LTD ENTERPRISE AGREEMENT 2012-2016

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2013

Application for approval of the A Murray & Sons Pty Ltd Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known asthe A Murray & Sons Pty Ltd Enterprise Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A. Murray & Sons 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] 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 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, A. Murray & Sons Pty Ltd sought approval of an Enterprise Agreement (EA) for the period 2012-2016. The application was brought under the Fair Work Act 2009, with the dispute concerning whether the EA complied with the statutory requirements for approval, including fairness, genuine agreement, and public interest considerations. The Commission had to decide whether the EA met the criteria for direct approval or whether further scrutiny, such as a ballot of employees, was necessary.

The central legal issues revolved around the compliance of the EA with the statutory provisions outlined in the Fair Work Act. Key points of contention included whether the agreement adequately represented the interests of the employees and whether it had been genuinely agreed upon by both parties. Additionally, the Commission needed to assess if the EA fulfilled the public interest test, considering factors such as its alignment with broader economic and social policies.

The Commission found that the EA was in compliance with the statutory requirements for direct approval. The agreement was deemed to be fair and genuinely agreed upon, with evidence supporting that both parties had participated in the negotiation process in good faith. The EA also satisfied the public interest test, as it was consistent with broader economic policies and did not negatively impact the interests of the workforce or the community. Consequently, the Commission approved the EA, allowing it to come into effect from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established