DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axis Plumbing Services WA Pty Ltd
(AG2018/6550)

AXIS PLUMBING SERVICES WA PTY LTD EBA 2018-2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Axis Plumbing Services WA Pty Ltd EBA 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Axis Plumbing Services WA Pty Ltd EBA 2018-2019 (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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Axis Plumbing Services WA Pty Ltd seeking approval of the enterprise bargaining agreement (EBA) between the applicant and its employees for the period 2018-2019. The applicant argued that the proposed EBA met the requirements of the Fair Work Act 2009 and should be approved. The dispute centred on certain provisions within the EBA that were challenged by the Australian Building and Construction Commission, which contended that the provisions did not comply with the Act.

The central legal issues before the Commission involved whether the challenged provisions in the EBA met the requirements for approval under section 230 of the Act, specifically whether they were in the best interests of the employees, did not discriminate against any employee, and complied with the "no disadvantaging" test. The Commission also needed to consider if the EBA contained any unfair provisions and whether it was made in good faith and not for the purpose of avoiding compliance with the Act.

The Fair Work Commission found that the challenged provisions within the EBA did not meet the criteria for approval under the Act. The Commission concluded that these provisions did not appropriately balance the interests of both employers and employees and were not made in good faith. The Commission also found that the provisions had the potential to disadvantage certain employees by setting minimum standards that were below what might be reasonably expected. Consequently, the Commission rejected the application for approval of the EBA. The applicant was ordered to withdraw the provisions in question and resubmit the EBA for consideration.

Axis Plumbing Services WA Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established