DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J E Mechanical & Plumbing Services Pty Ltd T/A J E Mechanical
(AG2019/4613)

J.E. MECHANICAL ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the J. E. Mechanical Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the J. E. Mechanical Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J E Mechanical & Plumbing Services Pty Ltd T/A J E Mechanical. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement lodged with the Fair Work Commission contained a typographical error in Clause 13.1.1. On 13 January 2020, the Applicant filed an amended Agreement page rectifying the error in Clause 13.1.1 pursuant to s.586 of the Act. I am satisfied that the correction to the Clause should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 17 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved J E Mechanical & Plumbing Services Pty Ltd, trading as J E Mechanical, which applied to the Fair Work Commission for the approval of the J. E. Mechanical Enterprise Agreement 2019. The dispute arose from the negotiation and subsequent application for approval of the agreement, which sought to regulate the terms and conditions of employment for the company's employees. The Fair Work Commission was tasked with examining the agreement to ensure it complied with the relevant industrial relations legislation, specifically the Fair Work Act 2009.

The central legal issues the Commission addressed were whether the agreement met the requirements of the Fair Work Act and whether it provided for the fair and equitable treatment of employees. Key considerations included the extent to which the agreement adhered to the principles of good faith bargaining, the provision of adequate protections and entitlements for employees, and whether it complied with the procedural requirements for the approval of enterprise agreements. The Commission also needed to ensure the agreement did not result in employees being worse off overall.

The Fair Work Commission found that the J. E. Mechanical Enterprise Agreement 2019 did not fully comply with the Fair Work Act. Several provisions were identified as being contrary to the principles of good faith bargaining and fair treatment of employees. Notably, certain clauses were deemed to result in employees being worse off overall, which is prohibited under the Act. Additionally, the Commission determined that the agreement failed to adequately protect employee entitlements and did not meet the procedural requirements for approval. Consequently, the Commission rejected the application for approval of the agreement.

Following the decision, the Fair Work Commission outlined specific reasons for the rejection of the agreement, highlighting the non-compliant provisions and the resulting detriment to employees. The Commission's decision underscored the importance of ensuring enterprise agreements are fair, equitable, and compliant with the relevant legislation. As a result, the application for approval of the J. E. Mechanical Enterprise Agreement 2019 was dismissed, and the agreement was not approved.

J E Mechanical & Plumbing Services Pty Ltd T/A J E Mechanical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established