Smolenaars Plumbing Pty Ltd

[2013] FWCA 3518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smolenaars Plumbing Pty Ltd
(AG2013/1084)

SMOLENAARS PLUMBING PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 JUNE 2013

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

[1] An application has been made for approval of a single-enterprise agreement known as the Smolenaars 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 Smolenaars Plumbing Pty Ltd.

[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 10 June 2013. The nominal expiry date of the Agreement is 9 June 2017.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Smolenaars Plumbing Pty Ltd, applied to the Fair Work Commission for approval of the Smolenaars Plumbing Pty Ltd Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009. The respondent, the Australian Council of Trade Unions, opposed the application, contending that the agreement did not meet the requirements of the Act and was not in the best interests of the employees.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act and whether it was fair and reasonable for the employees. This involved examining the agreement's content, particularly regarding minimum wages, penalty rates, and other terms and conditions of employment. The Commission also needed to assess whether the agreement was made in good faith and whether it was appropriately certified.

The Fair Work Commission found that the enterprise agreement generally met the statutory requirements and was fair and reasonable for the employees. The Commission noted that the agreement provided for terms and conditions that were no less favourable than the relevant award and included provisions for minimum wages, penalty rates, and other employment conditions. The Commission was satisfied that the agreement was made in good faith and was appropriately certified. Consequently, the application for approval was successful.

The Fair Work Commission approved the Smolenaars Plumbing Pty Ltd Enterprise Agreement 2013, effective from the date of the decision. The agreement was registered on the Register of Approved Agreements, and it became binding on the parties from the registration date. The decision underscored the importance of ensuring that enterprise agreements comply with the Fair Work Act and are fair and reasonable for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established