Smolenaars Plumbing Pty Ltd T/A Laser Plumbing – Sale and Gasworld & Plumbing Solutions Gippsland Pty Ltd T/A Laser Plumbing – Traralgon

[2023] FWCA 333

[2023] FWCA 333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Smolenaars Plumbing Pty Ltd T/A Laser Plumbing – Sale and Gasworld & Plumbing Solutions Gippsland Pty Ltd T/A Laser Plumbing – Traralgon

(AG2022/5387)

SMOLENAARS PLUMBING PTY LTD AND GASWORLD & PLUMBING SOLUTIONS GIPPSLAND PTY LTD ENTERPRISE AGREEMENT 2023

Plumbing industry
COMMISSIONER HUNT	BRISBANE, 2 FEBRUARY 2023

Application for approval of the Smolenaars Plumbing Pty Ltd and Gasworld & Plumbing Solutions Gippsland Pty Ltd Enterprise Agreement 2023

1. Smolenaars Plumbing Pty Ltd T/A Laser Plumbing – Sale has applied for approval of an enterprise agreement knows as the Smolenaars Plumbing Pty Ltd and Gasworld & Plumbing Solutions Gippsland Pty Ltd Enterprise Agreement 2023 (the Agreement). The Agreement covers the applicant employer together with Gasworld & Plumbing Solutions Gippsland Pty Ltd T/A Laser Plumbing – Traralgon, (collectively the Employers). Mr Trent Fairweather, Chief Executive Officer of both employers completed a Form F17 for each entity.

1. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  I am satisfied that the Employers are single interest employers pursuant to s.172(5)(b) of the Act on account of being related bodies corporate. The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employers, and as a result, the Employers have provided written undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act. 

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I indicated to the Employers my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations) is attached to the Agreement and is taken to be a term of it.

1. I also indicated to the Employers my view that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term prescribed by Schedule 2.3 of the Regulations is attached to the Agreement and taken to be a term of it.

1. I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2023.  The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

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Annexure A – Undertakings