L & J Wood Family Trust Summary

[2013] FWCA 9007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

L & J Wood Family Trust
(AG2013/10039)

WOOD & SONS PLUMBING AND ROOFING PTY LTD ENTERPRISE AGREEMENT 2013-2017

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 NOVEMBER 2013

Application for approval of the Wood & Sons Plumbing and Roofing Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Wood & Sons Plumbing and Roofing Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by L & J Wood Family Trust.

[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 25 November 2013. The nominal expiry date of the Agreement is 30 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, L & J Wood Family Trust sought approval for the Wood & Sons Plumbing and Roofing Pty Ltd Enterprise Agreement 2013-2017. The applicant, a family trust, is the employer of the employees covered by the proposed agreement. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions of employment. Specifically, the Commission needed to determine if the agreement satisfied the requirements of section 234 of the Act, which mandates that agreements be assessed based on the criteria of being free from coercion, being in good faith, and ensuring that employees have a meaningful opportunity to negotiate. The Commission also had to consider whether the agreement appropriately addressed the needs of low-paid employees and provided for their fair treatment.

The Commission reviewed the provisions of the agreement and the submissions made by the parties. It found that the agreement was largely consistent with the criteria for approval. The Commission noted that the agreement provided for minimum rates of pay, penalty rates, and other conditions that were fair and reasonable. While acknowledging that some employees were on low wages, the Commission concluded that the agreement did not disadvantage these employees disproportionately and provided a reasonable framework for their employment terms. The Commission approved the agreement, finding it to be fair and reasonable and compliant with the statutory requirements.

The Fair Work Commission approved the Wood & Sons Plumbing and Roofing Pty Ltd Enterprise Agreement 2013-2017. The decision confirmed that the agreement met the necessary criteria for approval under the Fair Work Act 2009 and was fair and reasonable for the employees covered by it.

L & J Wood Family Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established