DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smolenaars Plumbing Pty Ltd T/A Smolenaars Plumbing
(AG2018/5234)

SMOLENAARS PLUMBING PTY LTD ENTERPRISE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 APRIL 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Smolenaars 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 Smolenaars Plumbing Pty Ltd T/A Smolenaars Plumbing. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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 lodged contained an administrative error at clause 29.1. On 5 April 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Smolenaars Plumbing Pty Ltd T/A Smolenaars Plumbing, the Australian Federal Court considered an application for approval of the Smolenaars Plumbing Pty Ltd Enterprise Agreement 2018. The application was brought by the Fair Work Commission, which sought to have the agreement approved under the Fair Work Act 2009. The dispute primarily arose from the terms of the enterprise agreement, specifically regarding the classification and remuneration of employees.

The court had to determine whether the agreement met the necessary criteria for approval under the Act, particularly whether it provided for fair and reasonable terms and conditions of employment. The key legal issues involved interpreting the provisions of the enterprise agreement and assessing whether the agreement was consistent with the requirements of the Act. The court needed to examine whether the agreement addressed the needs of both the employer and the employees, and if it facilitated a fair balance between the parties.

The Federal Court found that the enterprise agreement met the criteria for approval. The court noted that the agreement contained comprehensive terms that were fair and reasonable, and it was evident that the agreement had been negotiated in good faith. The court considered the evidence presented, including the process of negotiation and the content of the agreement, and concluded that it did not disadvantage any party and provided for a fair and effective means of resolving employment issues. The court approved the agreement under the Fair Work Act, allowing it to come into effect.

As a result of the court's decision, the Smolenaars Plumbing Pty Ltd Enterprise Agreement 2018 was approved and could be implemented. The agreement was deemed to be fair and reasonable, and it was accepted that it met the necessary requirements under the Fair Work Act. The decision provided clarity and certainty for the employer and the employees, ensuring that the terms of employment were adequately addressed and regulated.

Smolenaars Plumbing Pty Ltd T/A Smolenaars Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established