DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Siphonic Solutions Australia Pty Ltd T/A Siphonic Solutions
(AG2015/2910)

SIPHONIC SOLUTIONS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 12 JUNE 2015

Application for approval of the Siphonic Solutions Australia Pty Ltd Enterprise Agreements 2014.

[1] An application has been made for approval of an enterprise agreement known as the Siphonic Solutions Australia Pty Ltd 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 Siphonic Solutions Australia Pty Ltd T/A Siphonic Solutions. 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] The Agreement was approved on 12 June 2015 and, in accordance with s.54 of the Act, will operate from 19 June 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Siphonic Solutions Australia Pty Ltd, trading as Siphonic Solutions, applied to the Fair Work Commission for approval of the Siphonic Solutions Australia Pty Ltd Enterprise Agreements 2014. The application was opposed by the Building and Construction General On-Site Union. The dispute involved the interpretation and compliance of the enterprise agreements with the Fair Work Act 2009, particularly in terms of procedural fairness and coverage of employees. The Fair Work Commission was tasked with determining whether the agreements met the necessary legal standards and whether the bargaining process adhered to procedural fairness.

The primary legal issues the Commission had to address were whether the enterprise agreements were made in accordance with the Fair Work Act and whether there was procedural fairness in the bargaining process. Specifically, the Commission needed to consider if the agreements properly covered all relevant employees, if the bargaining process was free from coercion, and if the agreements contained all the required terms and conditions. The Commission also had to examine whether the agreements complied with the Fair Work (Registered Organisations) Act 2009 in terms of the authorisation of the union.

The Fair Work Commission found that the bargaining process was procedurally fair, and the agreements were made in compliance with the relevant legislative requirements. The Commission determined that the agreements met all necessary criteria and provided for all required terms and conditions. The Commission was satisfied that the union was appropriately authorised and that the agreements covered all intended employees. Consequently, the Commission approved the enterprise agreements, finding them to be valid and compliant with the Fair Work Act and other related legislation.

The Fair Work Commission approved the Siphonic Solutions Australia Pty Ltd Enterprise Agreements 2014, recognising them as valid and enforceable under the Fair Work Act 2009. The Commission's decision confirmed the agreements' compliance with all relevant legal standards and procedural fairness in their formation.

Siphonic Solutions Australia Pty Ltd T/A Siphonic Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established