DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SF Management Group Pty Ltd T/A Smith Brothers Plumbing
(AG2017/2395)

SMITH BROTHERS PLUMBING ONSITE CONSTRUCTION ENTERPRISE AGREEMENT 2017

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2017

Application for approval of the Smith Brothers Plumbing Onsite Construction Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Smith Brothers Plumbing Onsite Construction Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SF Management Group Pty Ltd T/A Smith Brother Plumbing. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2017. The nominal expiry date of the Agreement is 7 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved SF Management Group Pty Ltd, trading as Smith Brothers Plumbing, which sought approval of the Smith Brothers Plumbing Onsite Construction Enterprise Agreement 2017 by the Fair Work Commission. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 for registration and approval. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court encompassed whether the agreement contained the mandatory minimum terms and conditions as prescribed by the Act, and whether the agreement was made in good faith and not coerced. Additionally, the court had to determine if the agreement was sufficiently detailed to ensure fair and effective operation and if it adhered to procedural fairness during its creation.

The Full Bench found that the agreement did meet the statutory requirements and was made in good faith. The court noted that the agreement provided for the mandated minimum terms and was procedurally sound in its creation. Furthermore, the agreement was considered comprehensive enough for fair and effective operation. Consequently, the court approved the agreement, finding it compliant with the Fair Work Act 2009.

The Full Bench's decision approved the Smith Brothers Plumbing Onsite Construction Enterprise Agreement 2017, thereby allowing it to be registered and enforced. The agreement was found to be valid and binding under the Act, resolving the application in favour of SF Management Group Pty Ltd.

SF Management Group Pty Ltd T/A Smith Brothers Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established