Sanwell Pty Ltd

[2025] FWCA 167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sanwell Pty Ltd

(AG2024/5064)

SANWELL PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2024 - 2028

Plumbing industry
COMMISSIONER SCHNEIDER	PERTH, 16 JANUARY 2025

Application for approval of the Sanwell Pty Ltd and Employee Enterprise Agreement 2024 - 2028

Sanwell Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the the Sanwell Pty Ltd and Employee Enterprise Agreement 2024 - 2028 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that 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.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the 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. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 January 2025. The nominal expiry date of the Agreement is 30 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Sanwell Pty Ltd to approve the Sanwell Pty Ltd and Employee Enterprise Agreement 2024-2028. The dispute arose as the applicant sought to have the agreement recognised as a lawful and binding enterprise agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the legislative requirements, including provisions relating to the process by which the agreement was made, and whether it contained the necessary minimum terms and conditions.

The central legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties and whether it contained all the mandated minimum terms and conditions. The applicant argued that the agreement was the result of genuine bargaining and included all required provisions. The Commission considered the evidence provided, including testimonies and documentation, to assess the legitimacy of the bargaining process and the completeness of the agreement.

After examining the evidence, the Commission found that the agreement was indeed the result of genuine bargaining. The Commission was satisfied that the process by which the agreement was made was fair and that all required minimum terms and conditions were included. Consequently, the Commission approved the agreement. The Commission highlighted the importance of the bargaining process and the necessity of including all mandated terms and conditions to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Sanwell Pty Ltd and Employee Enterprise Agreement 2024-2028, recognising it as a lawful and binding enterprise agreement. The decision underscored the importance of genuine bargaining and the inclusion of all minimum terms and conditions as stipulated by the Fair Work Act 2009. The approval of the agreement ensures that it will govern the employment terms and conditions for the specified period, providing a framework for the relationship between Sanwell Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established