Jolliffe Plumbing Pty Ltd Summary

[2014] FWCA 2686

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jolliffe Plumbing Pty Ltd
(AG2014/683)

JOLLIFFE PLUMBING PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 28 APRIL 2014

Application for approval of the Jolliffe Plumbing Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of a single-enterprise agreement known as the Jolliffe Plumbing Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jolliffe Plumbing Pty Ltd (the Applicant).

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2014. The nominal expiry date of the Agreement is 4 May 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jolliffe Plumbing Pty Ltd sought approval for the Enterprise Agreement 2014-2018. The applicant, a plumbing company, entered into the agreement with the Plumbing Industry Award Modern Award [MA2010]. The dispute arose from the provisions of the agreement which the applicant claimed were necessary to facilitate the running of its business. The respondent, the Plumbing Trades Union of Australia, objected to the approval of certain clauses of the agreement, arguing they were not consistent with the award or the Fair Work Act.

The primary legal issue before the commission was whether the clauses in question complied with the requirements of the Fair Work Act and the relevant award. Specifically, the commission had to determine whether the clauses concerning employee entitlements, wage rates, and working conditions were in accordance with the award and if they unfairly disadvantaged the employees. The commission also considered whether the agreement provided for a fair and efficient workplace while balancing the interests of both parties.

The commission found that the majority of the clauses in the agreement were consistent with the award and did not unfairly disadvantage employees. The commission acknowledged that the applicant had demonstrated a need for certain flexibility in its operations to remain competitive and viable. However, the commission did object to a clause regarding the payment of penalty rates for work on public holidays. The commission found that this clause did not adequately protect employees' rights to rest and was inconsistent with the award. Consequently, the commission refused to approve this particular clause.

The commission ordered that the agreement be approved with the exception of the clause concerning penalty rates for work on public holidays. This clause was to be disregarded and replaced with the relevant provisions of the award. The applicant was directed to implement the approved agreement and ensure compliance with all other terms and conditions. The decision underscored the importance of balancing the needs of employers with the rights and protections afforded to employees under the Fair Work Act and relevant awards.

Jolliffe Plumbing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established