DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A W Edwards Pty Ltd - Plumbing Division
(AG2017/2881)

A W EDWARDS PTY LTD (CONSTRUCTION PLUMBERS) ENTERPRISE AGREEMENT 2017-2021

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 OCTOBER 2017

Application for approval of the A W Edwards Pty Ltd (Construction Plumbers) Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the A W Edwards Pty Ltd Construction Plumbers Enterprise Agreement 2017 – 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A W Edwards Pty Ltd - Plumbing Division. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2017. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

A W Edwards Pty Ltd (Plumbing Division) applied to the Fair Work Commission for approval of the A W Edwards Pty Ltd (Construction Plumbers) Enterprise Agreement 2017 - 2021. The Australian Building and Construction Commission opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the application should be approved and, if so, whether any modifications should be made to the agreement.

The primary legal issue was whether the agreement complied with the Fair Work Act 2009. The Commission considered whether the agreement provided for the proper operation of the enterprise and met the requirements of the Act, including the enterprise bargaining provisions and the terms and conditions of employment. The Commission also considered whether the agreement was in the public interest and whether it complied with the relevant provisions of the Building and Construction Industry (General) Miscellaneous Provisions Award 2010.

The Fair Work Commission found that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission noted that the agreement contained provisions that were inconsistent with the relevant provisions of the Building and Construction Industry (General) Miscellaneous Provisions Award 2010. The Commission also found that the agreement did not provide for the proper operation of the enterprise and did not meet the requirements of the Act. The Commission concluded that the agreement was not in the public interest and did not comply with the relevant provisions of the Building and Construction Industry (General) Miscellaneous Provisions Award 2010.

The Fair Work Commission refused to approve the application and made an order that the agreement be modified to comply with the requirements of the Fair Work Act 2009. The Commission also made an order that the agreement be modified to comply with the relevant provisions of the Building and Construction Industry (General) Miscellaneous Provisions Award 2010. The Commission noted that the parties were free to negotiate a new agreement that complied with the requirements of the Act and the relevant provisions of the Award.

A W Edwards Pty Ltd - Plumbing Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established