DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sanwell Pty Ltd
(AG2018/6748)

SANWELL PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2018 - 2022

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 20 MAY 2019

Application for approval of the Sanwell Pty Ltd and Employee Enterprise Agreement 2018 - 2022.

[1] Application has been made for approval of a single enterprise agreement known as the Sanwell Pty Ltd and Employee Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sanwell Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Sanwell Pty Ltd, sought approval of the Sanwell Pty Ltd and Employee Enterprise Agreement 2018 - 2022. The application was made under section 234 of the Fair Work Act 2009 (Cth) and the respondents were the Department of Employment, the Transport Workers Union of Australia, and others. The nature of the dispute involved the terms and conditions of employment as set out in the proposed enterprise agreement, which the union contested on various grounds.

The legal issues before the court involved the validity of the proposed enterprise agreement under the Fair Work Act. The court needed to determine whether the agreement met the requirements for approval, including whether it was fairly and genuinely negotiated, complied with the Act, and was made in good faith. The court also needed to consider the implications of any non-compliance and whether these were sufficiently minor to allow the agreement to be approved.

The court found that the proposed enterprise agreement was fairly and genuinely negotiated, complied with the Act, and was made in good faith. Despite minor technical issues, the court concluded that these were not substantial enough to invalidate the agreement. The court took into account the overall fairness and reasonableness of the agreement and the benefits it provided to the employees. The court approved the Sanwell Pty Ltd and Employee Enterprise Agreement 2018 - 2022, and directed that it be registered in accordance with section 234 of the Act.

Sanwell 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