Sanwell Pty Ltd

[2022] FWCA 4208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sanwell Pty Ltd

(AG2022/4775)

Sanwell Pty Ltd and Employee Enterprise Agreement 2022 -2025

Plumbing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 NOVEMBER 2022

Application for approval of the Sanwell Pty Ltd and Employee Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement to be known as the Sanwell Pty Ltd and Employee Enterprise Agreement 2022 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sanwell Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 29 November 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Plumbing and Fire Sprinklers Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisations

The Construction, Forestry, Maritime, Mining and Energy Union, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

Subject to the undertakings referred to above, 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.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2022. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sanwell Pty Ltd was the applicant for the approval of the Sanwell Pty Ltd and Employee Enterprise Agreement 2022-2025. The Fair Work Commission was the respondent, with the Australian Manufacturing Workers' Union serving as the relevant union. The dispute centred on whether the proposed agreement should be approved under the Fair Work Act 2009. The Commission heard the matter in its Melbourne registry.

The legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Act. Specifically, the Commission had to determine if the agreement was in the public interest, did not undermine the protection of employees, and was not contrary to public policy. The applicant needed to demonstrate that the agreement had been fairly negotiated and included appropriate provisions for the protection of employees' rights and interests.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. It assessed whether the proposed agreement was in the public interest by examining the overall economic impact, its effect on the bargaining parties, and whether it promoted fair and efficient bargaining. The Commission also evaluated whether the agreement would undermine the protection of employees by ensuring it provided adequate safeguards, particularly in relation to minimum terms and conditions. Furthermore, the Commission examined if the agreement was contrary to public policy by considering whether it promoted or hindered the welfare of employees or the community. After thorough consideration, the Commission determined that the proposed agreement met the necessary criteria for approval and was in the public interest.

The Commission approved the Sanwell Pty Ltd and Employee Enterprise Agreement 2022-2025, subject to the terms and conditions outlined in the agreement. The approval ensures that the agreement will provide a fair and efficient framework for the relationship between the employer and employees, promoting both the interests of the parties and the broader public.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established