| [2017] FWCA 5575 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
A W Edwards Pty Ltd - Plumbing Division
(AG2017/2884)
A W Edwards Pty Ltd (Maintenance Plumbers) Enterprise Agreement 2017-2021
| Plumbing industry | |
| Deputy President Masson | MELBOURNE, 26 OCTOBER 2017 |
Application for approval of the A W Edwards Pty Ltd (Maintenance Plumbers) Enterprise Agreement 2017 - 2021.
An application has been made for approval of an enterprise agreement known as the A W Edwards Pty Ltd (Maintenance 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.
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.
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.
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
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Annexure A
- AGLC
- A W Edwards Pty Ltd - Plumbing Division [2017] FWCA 5575
- Case
- [2017] FWCA 5575
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the FWC needed to address included whether the agreement met the procedural and substantive requirements under the Fair Work Act 2009. Procedurally, the FWC needed to consider whether proper consultation had occurred and if the agreement had been certified as "no disadvantage" by the Australian Bureau of Statistics. Substantively, the FWC examined if the terms of the agreement were fair and reasonable, taking into account factors such as the nature of the work, the economic circumstances of the parties, and the overall impact on employees.
The FWC conducted a detailed analysis of the evidence and submissions presented by both parties. The Commission found that the agreement had been properly certified and that the necessary procedural requirements had been fulfilled. In assessing the substantive fairness, the FWC concluded that the terms of the agreement were reasonable and did not place the employees at a disadvantage. The Commission emphasised the importance of maintaining a balanced approach to ensure that the agreement served the interests of both the employer and the employees.
The FWC approved the application for the A W Edwards Pty Ltd (Maintenance Plumbers) Enterprise Agreement 2017 - 2021. The decision confirmed that the agreement was fair and met all statutory requirements. This approval allowed the terms of the agreement to be legally binding on the parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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