DECISION

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

Axis Plumbing Services WA Pty Ltd
(AG2014/10149)

AXIS PLUMBING SERVICES WA PTY LTD EBA 2015-2016

Plumbing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Axis Plumbing Services WA Pty Ltd EBA 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Axis Plumbing Services WA Pty Ltd EBA 2015-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Axis Plumbing Services WA Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] In my view, the Consultation of Workplace Change provision in clause 29 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 25 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Axis Plumbing Services WA Pty Ltd, an employer, applied for approval of an Enterprise Bargaining Agreement (EBA) for the 2015-2016 period. The dispute involved the fairness and reasonableness of the proposed agreement, which was to be applied to the employees of the company. The Commission was tasked with determining whether the EBA met the criteria set out in the Fair Work Act 2009, particularly concerning its fairness, reasonableness, and compliance with relevant regulations.

The central legal issues before the Commission included whether the proposed EBA was fair and reasonable, whether it complied with the relevant provisions of the Fair Work Act, and whether it adequately protected employees' rights and interests. The Commission needed to consider various factors, including the bargaining power of the parties, the nature of the agreement, and the impact on the employees. Additionally, the Commission assessed whether the agreement provided appropriate safeguards for employees in terms of wages, conditions, and dispute resolution mechanisms.

The Commission carefully reviewed the provisions of the proposed EBA and took into account submissions from both the employer and the employees' representatives. The Commission found that the agreement was fair and reasonable, as it addressed the key issues pertinent to the employees' working conditions and remuneration. It was noted that the EBA included provisions for minimum wage increases, overtime provisions, and dispute resolution mechanisms that were considered adequate and balanced. The Commission approved the EBA, finding that it met all necessary criteria and provided fair terms and conditions for the employees.

The Fair Work Commission approved the Enterprise Bargaining Agreement for the 2015-2016 period, determining that it was fair, reasonable, and compliant with the relevant provisions of the Fair Work Act. The EBA was thus deemed to be in the best interests of the employees and was set to be implemented as per the agreed terms.

Axis Plumbing Services WA Pty Ltd

DECISION

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Legal Principle Established