Advanced Plumbing and Drains (Canberra) Pty Ltd Summary

[2019] FWCA 6804

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Advanced Plumbing and Drains (Canberra) Pty Ltd

(AG2019/2513)

Advanced Plumbing & Drains (Canberra) Pty Ltd and Employees Enterprise Agreement 2019-2023

Plumbing industry
Commissioner McKinnon	MELBOURNE, 2 OCTOBER 2019

Application for approval of the Advanced Plumbing and Drains (Canberra) Pty Ltd and Employees Enterprise Agreement 2019-2023.

Application has been made for approval of a single enterprise agreement known as the Advanced Plumbing and Drains (Canberra) Pty Ltd and Employees Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Advanced Plumbing and Drains (Canberra) Pty Ltd.

Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the Agreement.

With 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 9 October 2019. The nominal expiry date of the Agreement is 1 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Advanced Plumbing and Drains (Canberra) Pty Ltd recently faced a dispute in the Fair Work Commission concerning the approval of its Employees Enterprise Agreement for the period 2019-2023. The union representing the employees argued that the agreement did not adequately cover several aspects of the employees' conditions, while the employer contended that the agreement was fair and met all legal requirements. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues in the case revolved around whether the enterprise agreement met the requirements for approval under the Fair Work Act, specifically whether it contained the necessary minimum terms and conditions, and whether it was free from any unfair content. The union argued that the agreement fell short in providing adequate protection for employees in areas such as pay equity, working hours, and penalty rates. The employer, on the other hand, maintained that the agreement was comprehensive and in compliance with the law.

The Commission examined the enterprise agreement in detail, considering the arguments from both the union and the employer. The Commission found that while the agreement did contain the necessary minimum terms, it did not sufficiently address certain aspects of employee conditions, particularly regarding pay equity. The Commission also noted that the agreement was largely free from unfair content. However, it concluded that the deficiencies in pay equity warranted rejecting the agreement as it did not meet the statutory requirements for approval. Consequently, the Commission refused to approve the agreement, highlighting the importance of addressing all necessary conditions comprehensively within such agreements.

Advanced Plumbing and Drains (Canberra) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established