Axis Plumbing NT Pty Ltd Summary

[2013] FWCA 425

FAIR WORK COMMISSION

DECISION

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

Axis Plumbing NT Pty Ltd
(AG2012/14264)

AXIS PLUMBING NT PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2012 - 2016

Plumbing industry
COMMISSIONER BULL	SYDNEY, 18 JANUARY 2013

Application for approval of the Axis Plumbing NT Pty Ltd and Employee Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Axis Plumbing NT Pty Ltd and Employee Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] An undertaking with respect to clause 6 - Ordinay hours / flexible hours / shift, and in particular, subclause 6.1, the ordinary hours of work, has been provided by the employer.

[3] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] I have sought the views of the bargaining representative in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertaking provided.

[5] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 25 January 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Axis Plumbing NT Pty Ltd applied for the approval of an enterprise agreement made with its employees, effective from 2012 to 2016. The application was brought by Axis Plumbing NT Pty Ltd, and the respondent was the Fair Work Commission. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement satisfied the requirements under section 232 of the Fair Work Act 2009. This included verifying that the agreement was made in good faith, that it included terms and conditions of employment, and that it adhered to the 'better off overall test'. Additionally, the Commission had to consider if the agreement was properly made, with sufficient employee and employer representation.

The Fair Work Commission found that the enterprise agreement met all necessary criteria for approval. The agreement was made in good faith, contained appropriate terms and conditions, and passed the 'better off overall test'. The Commission was satisfied with the process of negotiation and the representation of both parties during the agreement's formation. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the Fair Work Act 2009.

The Commission ordered the approval of the Axis Plumbing NT Pty Ltd and Employee Enterprise Agreement 2012 - 2016. This approval means the agreement is legally binding on both the employer and the employees for the specified period.

Axis Plumbing NT Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established