DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AE Smith and Son Pty Ltd T/A AE Smith
(AG2019/1337)

A E SMITH & SONS TASMANIA CONSTRUCTION ENTERPRISE AGREEMENT 2018 - 2021

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2019

Application for approval of the A E Smith & Sons Tasmania Construction Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the A E Smith & Sons Tasmania Construction Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AE Smith and Son Pty Ltd T/A AE Smith. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AE Smith and Son Pty Ltd, trading as AE Smith, applied to the Fair Work Commission for approval of the AE Smith & Sons Tasmania Construction Enterprise Agreement 2018 - 2021. The application was opposed by the Building and Construction Trades Union. The nature of the dispute centred on the fairness and effectiveness of the proposed enterprise agreement in addressing the terms and conditions of employment for employees within the construction industry in Tasmania.

The primary legal issue before the court was whether the proposed agreement met the criteria for approval as set out in the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, whether it was free from coercion and undue influence, and whether it met the procedural requirements for negotiation and making of the agreement. Additionally, the court had to consider the impact of the agreement on the employees' rights and protections under the Fair Work Act.

The Fair Work Commission, in its decision, examined the negotiation process and the content of the proposed agreement. It took into account the submissions from both AE Smith and the Building and Construction Trades Union. The Commission found that the negotiation process had been conducted in good faith and that the agreement provided for fair and reasonable terms and conditions. The Commission also determined that the agreement was free from coercion and undue influence and met the procedural requirements for making the agreement. Consequently, the Commission approved the application for the AE Smith & Sons Tasmania Construction Enterprise Agreement 2018 - 2021.

The final orders of the Fair Work Commission were that the AE Smith & Sons Tasmania Construction Enterprise Agreement 2018 - 2021 be approved and registered as a certified agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would apply to the employees covered by the agreement.

AE Smith and Son Pty Ltd T/A AE Smith

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established