Justin Roth Plumbing as trustee for Roth Family Trust T/A Roth Plumbing Pty Ltd

[2013] FWCA 537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Justin Roth Plumbing as trustee for Roth Family Trust T/A Roth Plumbing Pty Ltd
(AG2012/14453)

ROTH PLUMBING ENTERPRISE AGREEMENT 2012

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 25 JANUARY 2013

Application for approval of the Roth Plumbing Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Roth Plumbing 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 Justin Roth Plumbing Pty Ltd as trustee for Roth Family Trust trading as Roth 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] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Justin Roth Plumbing as trustee for the Roth Family Trust T/A Roth Plumbing Pty Ltd sought approval of the Roth Plumbing Enterprise Agreement 2012. The application was brought before the Fair Work Commission, which is responsible for overseeing workplace agreements under the Fair Work Act 2009. The dispute centred on the fairness and appropriateness of the proposed agreement, which was intended to govern the employment terms of the company's workers.

The primary legal issues before the Commission were whether the agreement met the requirements of section 179 of the Act and whether it was fair and appropriate for the employees covered by it. The Commission had to consider whether the agreement was genuinely an enterprise agreement, whether it contained the mandatory terms as required by the Act, and whether it was fair and reasonable in all its aspects. The Commission also needed to ensure that the agreement did not discriminate against any particular group of employees and that it was not contrary to public policy.

After considering the submissions from both the employer and the employees, the Commission determined that the Roth Plumbing Enterprise Agreement 2012 met the statutory requirements. The agreement was found to be genuinely an enterprise agreement, it contained the mandatory terms, and it was fair and reasonable in all its aspects. The Commission was satisfied that the agreement did not discriminate against any particular group of employees and was not contrary to public policy. Consequently, the Commission approved the agreement as required by section 182 of the Fair Work Act 2009.

The Fair Work Commission approved the Roth Plumbing Enterprise Agreement 2012, effective from the date of the decision. The approval was based on the finding that the agreement met all the statutory requirements and was fair and reasonable for the employees. The agreement was now binding on all parties, including the employer and the employees, and governed their employment terms as outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established