DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sanwell Pty Ltd
(AG2016/1632)

SANWELL PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	SYDNEY, 11 JULY 2016

Application for approval of the Sanwell Pty Ltd and Employee Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sanwell Pty Ltd and Employee Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sanwell Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 11 July 2016 and, in accordance with s.54, will operate from 1 August 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sanwell Pty Ltd, an employer, sought approval of its enterprise agreement with its employees for the period 2016 to 2019. The application was heard in the Fair Work Commission, an Australian industrial relations tribunal. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the issues were whether the agreement was properly certified as a simple, low-risk, or complex agreement, and whether the necessary procedural requirements had been met.

The Fair Work Commission examined the certification process and the procedural fairness afforded to the employees during the negotiation of the agreement. The employer argued that the agreement was properly certified and that all necessary steps had been taken. The Commission noted that the agreement had been certified as a simple agreement, which meant that certain procedural requirements, such as the need for employee consultation, were not applicable. However, the Commission found that the employer had not provided sufficient evidence to support the certification of the agreement as simple. The Commission also found that the employer had not afforded the employees the opportunity to be consulted about the agreement, as required by the Fair Work Regulations.

Consequently, the Fair Work Commission did not approve the proposed enterprise agreement. The Commission emphasised the importance of following the correct certification process and ensuring that employees are given the opportunity to be consulted about the terms of any proposed agreement. The employer was directed to revise the agreement to address the issues identified by the Commission and to resubmit it for approval.

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