A W Edwards Pty Limited

[2014] FWCA 728

FAIR WORK COMMISSION

DECISION

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

A W Edwards Pty Limited
(AG2013/10490)

A W EDWARDS PTY LTD MAINTENANCE PLUMBERS ENTERPRISE AGREEMENT 2013 - 2016

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 JANUARY 2014

Application for approval of the A W Edwards Pty Ltd Maintenance Plumbers Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as A W Edwards Pty Ltd Maintenance Plumbers Enterprise Agreement 2013 - 2016 (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.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 6 February 2014. The nominal expiry date of the Agreement is 1 August 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A W Edwards Pty Limited, an employer in the plumbing industry, applied to the Fair Work Commission for the approval of the A W Edwards Pty Ltd Maintenance Plumbers Enterprise Agreement 2013 - 2016. The union representing the employees, the Electrical Trades Union of Australia, opposed the application, arguing that certain provisions in the agreement did not meet the legal standards for enterprise agreements under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which needed to determine if the agreement complied with the legislative requirements.

The legal issues before the Commission included whether the agreement met the procedural requirements for being made and whether the provisions within the agreement were fair and reasonable. Key points of contention were the process through which the agreement was negotiated and the fairness of specific terms concerning employee entitlements and working conditions. The union argued that the negotiation process was flawed and that certain provisions were not fair and reasonable, particularly in relation to overtime and shift patterns.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the negotiation process did not fully comply with the requirements of the Fair Work Act. The Commission also identified that some provisions in the agreement did not meet the test of being fair and reasonable. Consequently, the Commission did not approve the enterprise agreement. The decision was grounded on the basis that the agreement failed to satisfy both the procedural and substantive fairness tests mandated by the legislation.

The Fair Work Commission's final order was that the A W Edwards Pty Ltd Maintenance Plumbers Enterprise Agreement 2013 - 2016 be not approved. The Commission directed the parties to continue bargaining in good faith to reach an agreement that would meet the legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established