DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Selter Shaw Plumbing
(AG2014/8237)

SELTER SHAW PLUMBING ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER BISSETT	DARWIN, 3 DECEMBER 2014

Application for approval of the Selter Shaw Plumbing Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Selter Shaw Plumbing Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Selter Shaw Plumbing. 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.

[3] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 10 December 2014. The nominal expiry date of the Agreement is 2 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Selter Shaw Plumbing, with the Fair Work Commission hearing an application for the approval of the Selter Shaw Plumbing Enterprise Agreement 2014. The application was made by Selter Shaw Plumbing, the employer, and the respondents included various unions representing the employees. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the issue was whether the agreement had been made in accordance with the procedural requirements of the Act and whether it provided for matters that were necessary to protect the employees' interests.

The court had to determine if the agreement was genuinely negotiated between the employer and the unions and if it contained all the necessary provisions as stipulated by the Act. It also needed to assess if the agreement was in the best interest of the employees and if it complied with the 'better off overall test'. This test ensures that employees are not worse off financially by being party to the agreement compared to their previous conditions of employment.

In its decision, the Commission found that the agreement had been genuinely negotiated and contained all the necessary provisions. The Commission was satisfied that the agreement was in the best interest of the employees and that it passed the 'better off overall test'. The Commission concluded that the agreement met the statutory requirements for approval and approved the Selter Shaw Plumbing Enterprise Agreement 2014. The court determined that the employer had met its burden of proving that the agreement was fair and reasonable and that it complied with the Act.

The Commission's final order was that the Selter Shaw Plumbing Enterprise Agreement 2014 be approved. The agreement was to be registered with the Fair Work Commission and would apply to all employees of Selter Shaw Plumbing who were covered by the agreement. The decision was a significant step forward in ensuring that the employees of Selter Shaw Plumbing had a fair and reasonable agreement that protected their interests.

Selter Shaw Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established