Shinners Plumbing Pty Ltd Summary

[2013] FWCA 5333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shinners Plumbing Pty Ltd
(AG2013/2044)

SHINNERS PLUMBING PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER BLAIR	ADELAIDE, 2 AUGUST 2013

Application for approval of the Shinners Plumbing Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Shinners Plumbing Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shinners Plumbing Pty Ltd (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with s.201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2013. The nominal expiry date of the Agreement is 8 August 2013.

COMMISSIONER

ANNEXURE A

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CaseChat Overview and Summary

Shinners Plumbing Pty Ltd was the subject of an application for approval of its 2013 Enterprise Agreement by the Fair Work Commission. The application was made by the company, which sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement complied with the legal requirements and the Fair Work Act's provisions, including the "better off overall test" which mandates that employees must not be worse off under the new agreement.

The central legal issues before the Commission were whether the proposed agreement met all the criteria for approval as outlined in the Fair Work Act, including whether it provided for a fair and efficient workplace, whether it adhered to the "no disadvantage test," and whether it was genuinely bargained. Furthermore, the Commission had to assess whether the agreement complied with the "better off overall test," ensuring that employees were not disadvantaged by the new terms.

In deliberating on the matter, the Fair Work Commission carefully examined the terms of the agreement, considering the economic and non-economic benefits and detriments to the employees. The Commission concluded that the agreement satisfied all the statutory requirements for approval. It found that the agreement provided for fair and efficient workplace arrangements, did not disadvantage the employees, and genuinely reflected a bargained agreement. Additionally, the Commission determined that the agreement passed the "better off overall test," ensuring that the employees were not worse off financially under the new terms. Consequently, the Commission approved the agreement, recognising it as a certified agreement.

The final orders of the Commission were that the Shinners Plumbing Pty Ltd Enterprise Agreement 2013 be approved and recognised as a certified agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision, binding both the employer and the employees.

Shinners Plumbing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established