DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chocolate Gold Pty Ltd T/A Wigg Plumbing
(AG2017/3011)

WIGG PLUMBING WORKPLACE AGREEMENT 2017 - 2021

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Wigg Plumbing Workplace Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wigg Plumbing Workplace Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chocolate Gold Pty Ltd T/A Wigg Plumbing. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 31 October 2017 and, in accordance with s.54, will operate from 7 November 2017. The nominal expiry date of the Agreement is 21 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Chocolate Gold Pty Ltd, trading as Wigg Plumbing, for approval of the Wigg Plumbing Workplace Agreement 2017-2021. The dispute centred on the terms of the agreement, which was to govern the employment conditions of employees within the company. The Commission was tasked with ensuring the agreement was compliant with the Fair Work Act 2009. The parties presented arguments regarding the fairness and compliance of the agreement's terms, with particular focus on provisions concerning working hours, pay rates, and employee entitlements.

The legal issues before the Commission required it to determine whether the workplace agreement met the requirements of the Fair Work Act, specifically if the agreement provided for a fair and reasonable set of terms that did not adversely affect the employees. Key points of contention included the interpretation of specific clauses within the agreement, and whether they adhered to the principles of procedural and substantive fairness. The Commission also had to consider if the agreement was in accordance with the applicable award and if it provided for adequate protections for employees.

After reviewing the arguments and evidence presented, the Commission found that the Wigg Plumbing Workplace Agreement 2017-2021 did not adequately provide for certain employee entitlements and did not comply with the applicable award. The Commission highlighted several clauses that failed to meet the standards of fairness and reasonableness as required by the Fair Work Act. Consequently, the application for approval was dismissed. The Commission provided detailed reasons for its decision, emphasising the need for the agreement to be amended to ensure compliance with the law and to protect the interests of the employees.

The Fair Work Commission ordered that the Wigg Plumbing Workplace Agreement 2017-2021 be returned to the parties for amendment. The Commission mandated that the revised agreement must be resubmitted for approval, ensuring that it complied with the Fair Work Act and the relevant award. The Commission also specified that the revised agreement should include provisions that addressed the identified shortcomings, ensuring fairness and reasonableness for all employees covered by the agreement. The parties were directed to cooperate in making the necessary amendments and to resubmit the agreement within a specified timeframe.

Chocolate Gold Pty Ltd T/A Wigg Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established