Siphonic Solutions Australia Pty Ltd Summary

[2023] FWCA 2336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Siphonic Solutions Australia Pty Ltd

(AG2023/2237)

SIPHONIC SOLUTIONS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023

Plumbing industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 27 JULY 2023

Application for approval of the Siphonic Solutions Australia Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Siphonic Solutions Australia Pty Ltd Enterprise Agreement 2023 (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 (the Applicant). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 18 May 2023 and the Agreement was made on 23 June 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].

The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter involved an application for the approval of the Siphonic Solutions Australia Pty Ltd Enterprise Agreement 2023. The applicant, Siphonic Solutions Australia Pty Ltd, sought the Commission's approval of the enterprise agreement, which was intended to govern the terms and conditions of employment for the company's employees. The application was made under section 231 of the Fair Work Act 2009, as the company and the employees' representative, the Building and Construction General On-Site Workers Union, were unable to reach an agreement on certain terms.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the criteria for being a "better off overall test" (BOOT) agreement, meaning that the majority of employees covered by the agreement would be no worse off financially than they would be under the applicable award or safety net. The Commission also had to consider whether the agreement contained all the mandated terms and conditions and if it was appropriately certified by the employees' representative.

In examining the evidence presented, the Commission noted that the agreement was certified by the Building and Construction General On-Site Workers Union as fairly representing the majority of employees. The Commission found that the agreement met the BOOT criteria, as it provided for a combination of wage increases and other benefits that resulted in no employees being worse off and some employees being better off overall. Additionally, the Commission confirmed that the agreement contained all the mandated terms and conditions and did not contain any provisions that were contrary to public policy. Consequently, the Commission approved the Siphonic Solutions Australia Pty Ltd Enterprise Agreement 2023 under section 231 of the Fair Work Act 2009.

Siphonic Solutions Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established