Anderson Plumbing Services Aust Pty Ltd as Trustee for Anderson Family Trust Summary

[2014] FWCA 4266

FAIR WORK COMMISSION

DECISION

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

Anderson Plumbing Services Aust Pty Ltd as Trustee for Anderson Family Trust
(AG2014/1234)

ANDERSON PLUMBING ENTERPRISE AGREEMENT 2014 - 2018

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 27 JUNE 2014

Application for approval of the Anderson Plumbing Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Anderson Plumbing Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anderson Plumbing Services Aust Pty Ltd as Trustee for Anderson Family Trust (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 20 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 June 2018.

COMMISSIONER

Undertakings

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Anderson Plumbing Services Australia Pty Ltd, as trustee for the Anderson Family Trust, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, which was negotiated with the United Voice Union of Australia, covered employees within the company. The application was contested by the union, which raised concerns about certain provisions of the agreement. The Fair Work Commission was tasked with deciding whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated and if it contained terms and conditions that were fair and reasonable. The union argued that certain provisions, such as those relating to rostered days off and shift allowances, were not fairly negotiated and did not provide adequate protections for employees. The Commission needed to assess the bargaining positions of the parties, the negotiation process, and the content of the agreement to determine its fairness and reasonableness.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been genuinely negotiated and contained fair and reasonable terms and conditions. The Commission determined that the negotiation process was robust, with both parties engaging in good faith discussions. The terms of the agreement, including those contested by the union, were considered fair and reasonable in the context of the industry and the parties' respective bargaining positions. The Commission approved the Anderson Plumbing Enterprise Agreement 2014-2018, dismissing the union's objections.

Anderson Plumbing Services Aust Pty Ltd as Trustee for Anderson Family Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established