Selter Shaw Plumbing Pty Ltd
[2025] FWCA 80
•9 JANUARY 2025
| [2025] FWCA 80 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Selter Shaw Plumbing Pty Ltd
(AG2024/4927)
SELTER SHAW PLUMBING ENTERPRISE AGREEMENT 2024
| Plumbing industry | |
| COMMISSIONER LIM | PERTH, 9 JANUARY 2025 |
Application for approval of the Selter Shaw Plumbing Enterprise Agreement 2024.
Selter Shaw Plumbing Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Selter Shaw Plumbing Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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 note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
(a)Clause 35.3 states if an employee fails to give the required notice, the employer may withhold from any wages due to the employee on termination the equivalent of pay for the period of shortfall in the required notice. The source from which monies may be deducted has not been specified, which may result in the deduction of monies from accrued NES entitlements.
(b)Clause 36.3(d) provides that severance pay is not payable where the employer finds suitable alternative employment; however, this provision does not appear to be subject to an application to the Fair Work Commission as required by s 120 of the Act.
However, I am satisfied that under clause 4.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 9 January 2025 and, in accordance with s 54, will operate from 16 January 2025. The nominal expiry date of the Agreement is 9 January 2029.
COMMISSIONER
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Annexure A
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