Kennedy Staff Pty Ltd T/A Kennedy Plumbing Pty Ltd Summary

[2018] FWCA 1740

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Kennedy Staff Pty Ltd T/A Kennedy Plumbing Pty Ltd

(AG2017/6604)

Kennedy Staff Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2017

Plumbing industry
Deputy President Beaumont	PERTH, 23 MARCH 2018

Application for approval of the Kennedy Staff Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2017 (Agreement).

An application has been made for approval of an enterprise agreement known as the Kennedy Staff Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2017. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kennedy Staff Pty Ltd T/A Kennedy Plumbing Pty Ltd. The agreement is a single enterprise agreement.

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.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 23 March 2018 and, in accordance with s.54, will operate from 30 March 2018. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kennedy Staff Pty Ltd, trading as Kennedy Plumbing Pty Ltd, applied to the Fair Work Commission for approval of the Enterprise Agreement it had entered into with the CEPU - Plumbing Division (Vic). The dispute centred on the terms and conditions outlined in the Agreement, specifically those relating to the classification and remuneration of employees. The application was heard by the Fair Work Commission, an independent statutory body responsible for the resolution of workplace disputes and the oversight of enterprise agreements.

The central legal issues before the Commission were whether the terms of the Agreement were fair and reasonable, and whether they complied with the requirements set out in the Fair Work Act 2009. This included an assessment of whether the Agreement provided for the proper classification of employees and whether the remuneration and other conditions were fair and reasonable in all aspects. The Commission also needed to consider whether the Agreement complied with the Better Off Overall Test, which requires that employees be no worse off financially under the new agreement than they would be under the applicable award.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the implications of the proposed changes in the Agreement. The Commission found that the Agreement was fair and reasonable, and it complied with the statutory requirements. It was determined that the classification and remuneration provisions were appropriate and that employees would not be worse off financially. The Commission was satisfied that the Agreement provided for proper consideration of employee interests and that it was in line with the principles of the Fair Work Act. The Commission approved the Enterprise Agreement, highlighting its balanced approach to the needs of both employers and employees.

The Fair Work Commission's final order was the approval of the Kennedy Staff Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2017. This decision allows the Agreement to be implemented and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the Agreement.

Kennedy Staff Pty Ltd T/A Kennedy 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