DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S & S Plasterboard Contractors Pty Ltd
(AG2019/1047)

S & S PLASTERBOARD CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 JUNE 2019

Application for approval of the S & S Plasterboard Contractors Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the S & S Plasterboard Contractors Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by S & S Plasterboard Contractors Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 31 May 2019.

[3] On 6 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 June 2019. The undertaking deals with the following topics:

• The Applicant has inserted a revised National Employment Standards (NES) precedence clause.

• The definition of full-time and part-time employees has been varied so as to comply with s.62 of the Act.

• Clause 7.5.2.1 of the Agreement has been varied such that employees who work 10 hours or more on any day will be entitled to a meal allowance.

• The base rate of pay for a Daily Hire Entry Level Labourer has been increased to $22.10 per hour and will be subject to increase in accordance with clause 2.1.2 of schedule 1.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 17 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

S & S Plasterboard Contractors Pty Ltd is the subject of an application before the Fair Work Commission, with the union, United Voice NSW, objecting to the approval of the S & S Plasterboard Contractors Pty Ltd Enterprise Agreement 2018. The dispute centres on the terms and conditions outlined in the agreement, which seeks to establish the employment framework for the company's workers. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on the fairness and coverage of the agreement.

The primary legal issue before the Commission was whether the enterprise agreement adequately reflected the principles of procedural and substantive fairness. The union argued that the agreement failed to meet these criteria, particularly regarding the classification of employees and the conditions provided. The Commission had to assess whether the agreement was genuinely negotiated and if it provided fair and reasonable terms for the employees, including adequate provisions for working conditions, wages, and other employment-related matters.

In its decision, the Commission acknowledged the union's concerns but concluded that the agreement did not significantly depart from the safety net provided by the applicable awards and regulations. The Commission found that the agreement was fairly negotiated and contained terms that were not manifestly unfair. It was deemed to provide a fair and reasonable framework for the employees of S & S Plasterboard Contractors Pty Ltd, thus meeting the statutory requirements for approval.

The Fair Work Commission approved the S & S Plasterboard Contractors Pty Ltd Enterprise Agreement 2018, rejecting the union's objections. The decision highlights the Commission's approach to balancing the interests of both employers and employees while ensuring compliance with the Fair Work Act. The approval of the agreement sets a precedent for similar cases, reaffirming the Commission's commitment to facilitating fair and balanced enterprise agreements.

S & S Plasterboard Contractors 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