DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPD Contracting Pty Ltd
(AG2017/201)

SPD CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2017

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the SPD Contracting Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SPD Contracting Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPD Contracting 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 24 February 2017. The nominal expiry date of the Agreement is 16 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SPD Contracting Pty Ltd sought approval of the SPD Contracting Pty Ltd Enterprise Agreement 2017, which was made between the company and its employees. The application was heard by the Fair Work Commission, which was required to consider whether the agreement met the statutory requirements for approval. The primary issue for the Commission was whether the agreement contained a clause that was contrary to the public interest, as per section 235 of the Fair Work Act 2009.

The clause in question related to the payment of wages to employees who were not covered by the agreement. The Commission considered whether this clause was contrary to the public interest, as it may have resulted in employees being underpaid. The Commission found that the clause did not have the effect of undermining the protection of wages and that it did not place an undue burden on the employer. The Commission also considered whether the agreement met the requirement of being in the interests of the employees, as per section 232 of the Act. The Commission found that the agreement met this requirement, as it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the SPD Contracting Pty Ltd Enterprise Agreement 2017. The Commission found that the agreement did not contain any provisions that were contrary to the public interest and that it met the requirement of being in the interests of the employees. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment and that it did not place an undue burden on the employer.

SPD Contracting 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