Shinners Plumbing Pty Ltd T/A Shinners Plumbing

[2018] FWCA 7414

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Shinners Plumbing Pty Ltd T/A Shinners Plumbing

(AG2018/3517)

Shinners Plumbing Pty Ltd Enterprise Agreement 2018

Plumbing industry
Deputy President Masson	MELBOURNE, 5 DECEMBER 2018

Application for approval of the Shinners Plumbing Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Shinners Plumbing Pty Ltd Enterprise Agreement 2018 (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 T/A Shinners Plumbing. The Agreement is a single enterprise agreement.

The Employer 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.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Shinners Plumbing Pty Ltd T/A Shinners Plumbing applied to the Fair Work Commission for the approval of an enterprise agreement. The dispute involved the terms of the Shinners Plumbing Pty Ltd Enterprise Agreement 2018, and the application was brought before the Fair Work Commission to determine if the agreement met the necessary legal standards. The primary legal issues before the Commission were whether the agreement contained all the prescribed minimum terms, whether the agreement was fairly negotiated, and if the process by which the agreement was formed was lawful and procedurally correct.

The Commission carefully examined the agreement, ensuring that it included all the prescribed minimum terms as required by the Fair Work Act. It was also necessary to verify that the agreement was genuinely negotiated between the employer and the employees. The Commission reviewed evidence of the negotiation process and the steps taken to inform employees about the agreement. Furthermore, the Commission assessed whether there was any procedural defect in the manner in which the agreement was formed and approved.

Upon its review, the Commission found that the Shinners Plumbing Pty Ltd Enterprise Agreement 2018 contained all the prescribed minimum terms and was fairly negotiated. The Commission was satisfied that the negotiation process adhered to legal standards and that the agreement was appropriately communicated to the employees. Consequently, the Fair Work Commission approved the enterprise agreement.

No further orders were made beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established