Robertson Plumbing & Gas Pty Ltd T/A Robertson Civil Services

[2024] FWCA 3965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Robertson Plumbing & Gas Pty Ltd T/A Robertson Civil Services

(AG2024/4029)

ROBERTSON CIVIL SERVICES ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 13 NOVEMBER 2024

Application for approval of the Robertson Civil Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Robertson Civil Services Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met.

The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today, 13 November 2024. It will operate from 20 November 2024 as required by section 54 of the Act. The nominal expiry date is 30 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Robertson Plumbing & Gas Pty Ltd trading as Robertson Civil Services, the employer, and the United Voice union, the employee representative. The dispute pertained to the approval of the Robertson Civil Services Enterprise Agreement 2024. The legal issues the court needed to decide were whether the agreement met the criteria for registration under the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009, specifically concerning the union's authorisation and the employees' consent to be represented by the union.

The court considered whether the union had been appropriately authorised to act on behalf of the employees, as required by the Fair Work (Registered Organisations) Act 2009. The court examined the evidence provided to determine if the union had followed the correct procedures in obtaining authorisation from the employees. Additionally, the court assessed whether the agreement met the legal standards for enterprise agreements, including provisions for minimum wages, safety, and other essential terms and conditions of employment. The court found that the union had appropriately authorised the employees and that the agreement complied with the statutory requirements. Consequently, the court approved the enterprise agreement, confirming that it was in accordance with the relevant legislative framework. The final order was that the Robertson Civil Services Enterprise Agreement 2024 be registered, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established