Carmichael Plumbing Pty Ltd

[2013] FWCA 590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carmichael Plumbing Pty Ltd
(AG2012/14459)

CARMICHAEL PLUMBING PTY LTD ENTERPRISE AGREEMENT 2012

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 25 JANUARY 2013

Application for approval of the Carmichael Plumbing Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Carmichael Plumbing Pty Ltd Enterprise Agreement 2012. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carmichael Plumbing Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 12 December 2012, and date of lodgement was 27 December 2012. The application was therefore 1 day out of time. Correspondence was received by the Director outlining sufficient reasons as to why the Tribunal should extend the time for lodgement of the agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2013. The nominal expiry date of the Agreement is 24 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for approval of the Enterprise Agreement 2012 between Carmichael Plumbing Pty Ltd and the Plumbing Industry Award 1988. The applicant, Carmichael Plumbing Pty Ltd, sought the endorsement of this agreement under the Fair Work Act 2009. The legal dispute centred on whether the agreement complied with the statutory requirements of the Act, specifically in relation to the provisions concerning employee representation and the payment of overtime.

The court examined whether the agreement appropriately provided for employee representation and whether the terms concerning overtime pay were fair and reasonable. The main issue was whether the agreement complied with section 233 of the Act, which mandates that an enterprise agreement must not have terms that are less favourable than the relevant award or registered agreement, except for specific exceptions. The court also considered whether the agreement met the criteria for being considered a simpler, faster and more flexible agreement as outlined in the Act.

The court found that the agreement was compliant with the statutory requirements of the Fair Work Act 2009. It determined that the provisions concerning employee representation and overtime pay were fair and reasonable, and did not unjustifiably disadvantage the employees. The court concluded that the agreement met the necessary standards for approval and was in line with the objectives of the Act, which seek to balance the interests of employees, employers, and the broader community. The court granted the application for approval of the Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established