S J Plumbing Industries Pty Ltd Summary

[2021] FWCA 5804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S J Plumbing Industries Pty Ltd
(AG2021/6889)

SJ PLUMBING INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 SEPTEMBER 2021

Application for approval of the SJ Plumbing Industries Pty Ltd Enterprise Agreement 2021 – 2025.

[1] An application has been made for approval of an enterprise agreement known as the SJ Plumbing Industries Pty Ltd Enterprise Agreement 2021 – 2025 (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. 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. The undertakings are taken to be a term of 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] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2021. The nominal expiry date of the Agreement is 12 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

S J Plumbing Industries Pty Ltd, an employer, sought approval for an enterprise agreement proposed for the period 2021-2025. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and if it was in the best interests of the employees. The nature of the dispute centred on the procedural fairness of the agreement, particularly in relation to the process by which it was negotiated and whether it met the standards of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely bargained for and if it was certified as a single-enterprise agreement. The Commission had to consider whether the agreement was made in good faith and if the employer had made a genuine attempt to negotiate with the employees' representatives. Another issue was whether the agreement met the requirements under section 230 of the Fair Work Act, including the need for the agreement to be in writing and to contain certain prescribed details. Additionally, the Commission needed to assess whether the agreement provided for a fair and reasonable outcome for the employees.

The Commission found that the agreement was genuinely bargained for and certified as a single-enterprise agreement. The employer had made a genuine attempt to negotiate with the employees' representatives and the agreement was in writing and contained all the prescribed details. The Commission considered that the agreement was fair and reasonable for the employees as it provided for a comprehensive set of terms and conditions, including pay rates, leave entitlements, and dispute resolution processes. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act and was in the best interests of the employees.

The Fair Work Commission approved the SJ Plumbing Industries Pty Ltd Enterprise Agreement 2021-2025, subject to the terms and conditions set out in the agreement. The employer and the employees' representatives were directed to give effect to the agreement and to comply with its terms. The Commission also directed that the agreement be registered with the Fair Work Commission and that a copy be provided to the Fair Work Ombudsman.

S J Plumbing Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established