Sanwell Pty Ltd Summary

[2014] FWCA 7072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sanwell Pty Ltd
(AG2014/7374)

SANWELL PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2014 - 2016

Plumbing industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 8 OCTOBER 2014

Application for approval of the Sanwell Pty Ltd and Employee Enterprise Agreement 2014 -2016.

[1] An application has been made for approval of an enterprise agreement known as the Sanwell Pty Ltd and Employee Enterprise Agreement 2014 - 2016 (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] The Applicant has provided written undertakings. 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] Subject to 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 was approved on 8 October 2014 and, in accordance with s.54, will operate from 15 October 2014. The nominal expiry date of the Agreement is 31 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Sanwell Pty Ltd was the subject of an application for the approval of the Sanwell Pty Ltd and Employee Enterprise Agreement 2014-2016. The applicant, Sanwell Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The respondent, the Australian Building and Construction Commission, objected to the application on the basis that the agreement contained provisions that did not comply with the Act. The Fair Work Commission was the court that heard the application.

The primary legal issue that the Commission had to decide was whether the provisions of the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the provisions relating to the classification of employees and the payment of wages and penalties were in accordance with the Act. The Commission also had to consider whether the agreement met the requirements for simplification, certainty and flexibility, and whether it contained any provisions that were contrary to the public interest.

The Fair Work Commission found that the provisions of the enterprise agreement were generally in compliance with the requirements of the Fair Work Act 2009. The Commission noted that the agreement contained provisions that were designed to simplify the classification of employees and to provide for the payment of wages and penalties in a fair and reasonable manner. The Commission also found that the agreement met the requirements for simplification, certainty and flexibility, and that it did not contain any provisions that were contrary to the public interest. Accordingly, the Commission approved the enterprise agreement, subject to certain modifications to address the respondent's concerns. The modifications related to the classification of employees and the payment of wages and penalties. The Commission considered that the modifications were necessary to ensure that the agreement complied with the requirements of the Act.

Sanwell Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established