DECISION

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

A. Murray & Sons Pty Ltd
(AG2019/2634)

A MURRAY & SONS PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 6 NOVEMBER 2019

Application for approval of the A Murray & Sons Pty Ltd Enterprise Agreement 2019-2023.

[1] An application (Form F16) has been filed by A. Murray & Sons Pty Ltd (the applicant), for the approval of an enterprise agreement known as the A Murray & Sons Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided undertakings regarding:

• The provisions of the National Employment Standards prevail in respect of clauses 30.2, 30.7 and 33 of the Agreement;

• The Plumbing and Fire Sprinklers Award 2010 prevails in respect of clauses 21 and 32.2 of the Agreement;

• Minimum engagement of employees required to work on a Public Holiday;

• Rates of pay for Trades Assistants ‘Newcastle/ Central Coast/ Wollongong’ and ‘All Other Areas’;

• Rates of pay for Plumbers ‘All Other Areas’; and

• Exclusion of Plumbers ‘All Other Areas’ from company allowances under clause 26.1 of the Agreement.

[3] The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act 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. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] Subject to the undertakings and the considerations 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 employee bargaining representatives’ views were sought regarding the undertakings.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved A. Murray & Sons Pty Ltd, an applicant seeking approval of their Enterprise Agreement for the years 2019-2023. The application was brought before the Fair Work Commission, which was required to assess whether the agreement complied with the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether they met the legislative standards for fairness and compliance.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the requirements of the Fair Work Act. Specific scrutiny was directed towards provisions related to wages, hours of work, and other employment conditions. The Commission needed to determine if the agreement contained any terms that were inconsistent with the safety net of minimum entitlements or any provisions that were otherwise unfair.

The Fair Work Commission, after reviewing the provisions of the Enterprise Agreement, concluded that the agreement was fair and reasonable. The Commission noted that the proposed terms and conditions aligned with the safety net of minimum entitlements as set out in the relevant awards and regulations. Furthermore, the Commission found that the agreement did not include any unfair terms, as it provided for appropriate processes and protections for employees. Consequently, the application for approval was upheld.

The Fair Work Commission approved the A. Murray & Sons Pty Ltd Enterprise Agreement 2019-2023. The decision was made effective from the date of the approval, and the agreement was registered under the Fair Work Act. This ruling ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the company and its employees for the specified period.

A. Murray & Sons 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