DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S J Plumbing Industries Pty Ltd T/A S J Plumbing
(AG2017/281)

S J PLUMBING INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2017-2021

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 MARCH 2017

Application for approval of the S J Plumbing Industries Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the S J Plumbing Industries Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S J Plumbing Industries Pty Ltd T/A S J Plumbing. The Agreement is a single enterprise agreement.

[2] 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.

[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 was approved on 10 March 2017 and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 10 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by S J Plumbing Industries Pty Ltd, trading as S J Plumbing, for approval of their Enterprise Agreement 2017-2021. The application was lodged with the Fair Work Commission (FWC) under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement met the necessary requirements for approval and whether it was in the best interests of the employees.

The primary legal issues before the FWC included whether the agreement was genuinely an enterprise agreement, whether it complied with the mandatory terms set out in the Fair Work Act, and whether it provided fair terms and conditions for the employees. The FWC also had to consider whether the agreement was free from any improper conduct during its negotiation and whether it met the requirements for simplicity and accessibility.

The FWC found that the Enterprise Agreement 2017-2021 was genuinely an enterprise agreement, negotiated in good faith, and that it complied with the mandatory terms. The Commission determined that the agreement provided fair terms and conditions for the employees and was in their best interests. The FWC further concluded that the agreement was simple, accessible, and free from any improper conduct. Therefore, the FWC approved the Enterprise Agreement 2017-2021 under the Fair Work Act.

The final order of the FWC was that the Enterprise Agreement 2017-2021 between S J Plumbing Industries Pty Ltd and their employees was approved, effective from 1 July 2017. The agreement was to remain in force until 30 June 2021, subject to the terms and conditions outlined in the agreement and the Fair Work Act.

S J Plumbing Industries Pty Ltd T/A S J Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established