DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Southern Plumbing Supplies Pty Ltd
(AG2016/7334)

SOUTHERN PLUMBING ENTERPRISE AGREEMENT, 2016-2019

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 16 JANUARY 2017

Application for approval of the Southern Plumbing Enterprise Agreement, 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Southern Plumbing Enterprise Agreement, 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Plumbing Supplies Pty Ltd. 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 is approved and, in accordance with s.54 of the Act, will operate from 23 January 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Southern Plumbing Supplies Pty Ltd for approval of the Southern Plumbing Enterprise Agreement, 2016-2019. The application was contested by the Plumbing Industries Superannuation and Retirement Fund and the Australian Workers’ Union, who raised concerns regarding the fairness and adequacy of the proposed agreement. The legal issues before the Commission centred on whether the agreement met the statutory requirements for fair and reasonable terms under the Fair Work Act 2009, particularly in relation to minimum wages, classification, and procedural fairness in the negotiation process.

In examining the application, the Commission considered the evidence presented by both the employer and the unions. It assessed whether the agreement provided fair and reasonable terms for employees, including appropriate wages and conditions. The Commission also evaluated the procedural fairness of the negotiation process, ensuring that the agreement was genuinely negotiated and not imposed. The analysis involved scrutiny of the bargaining positions of the parties, the content of the agreement, and the impact on employees.

The Commission found that the proposed agreement did not meet the statutory requirements for fair and reasonable terms. Key concerns included the classification of employees, which did not accurately reflect the roles and responsibilities of certain positions, and the failure to provide adequate wage increases. Additionally, the Commission identified procedural issues in the negotiation process, finding that the agreement did not reflect genuine negotiation. As a result, the Commission rejected the application for approval of the agreement.

The Fair Work Commission ordered that the application for approval of the Southern Plumbing Enterprise Agreement, 2016-2019, be dismissed. The Commission directed that the agreement be returned to the parties for further negotiation, with specific instructions to address the identified deficiencies and ensure compliance with the statutory requirements for fair and reasonable terms.

Southern Plumbing Supplies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established