DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meredith Roof Plumbing Pty Ltd
(AG2019/1082)

MEREDITH ROOF PLUMBING PTY LTD ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 31 MAY 2019

Application for approval of the Meredith Roof Plumbing Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Meredith Roof Plumbing Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Meredith Roof Plumbing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicants, Meredith Roof Plumbing Pty Ltd, sought approval of an enterprise agreement with their employees. The respondents, represented by the Australian Building and Construction Employees and Building Workers Industrial Union, contested the application. The Fair Work Commission was tasked with determining the merits of the agreement and whether it should be approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Act, including whether the agreement was made in good faith, and whether it contained terms that were genuinely negotiated between the parties.

The Commission found that the agreement was made in good faith, as there was evidence of genuine negotiations between the parties. The Commission also found that the agreement met the procedural requirements of the Act, including that it was properly certified as a simple greenfields agreement. However, the respondents argued that the agreement did not comply with the substantive requirements of the Act, as it contained terms that were not genuinely negotiated, and it was not in the best interests of the employees. The Commission rejected these arguments, finding that the agreement contained terms that were genuinely negotiated between the parties, and that it was in the best interests of the employees.

The Commission approved the application for the Meredith Roof Plumbing Pty Ltd Enterprise Agreement 2019-2023, finding that it met the requirements of the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also found that the agreement was not likely to have a detrimental effect on the health, safety or welfare of the employees. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the application for the Meredith Roof Plumbing Pty Ltd Enterprise Agreement 2019-2023, subject to certain modifications. The Commission found that the agreement was made in good faith, and that it met the procedural and substantive requirements of the Fair Work Act 2009. The Commission also found that the agreement contained terms that were genuinely negotiated between the parties, and that it was in the best interests of the employees. The modifications to the agreement were made to ensure compliance with the Act, and to address any concerns raised by the respondents. The Commission's decision provides clarity on the requirements for approving enterprise agreements under the Act, and sets a precedent for future agreements in the industry.

Meredith Roof Plumbing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established