DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TED’s Roofing & Plumbing Ptd Ltd as the Trustee for TED’s Roofing & Plumbing Unit Trust T/A TED’s Roofing & Plumbing
(AG2019/2622)

TED’S ROOFING & PLUMBING ENTERPRISE AGREEMENT 2019

Plumbing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 SEPTEMBER 2019

Application for approval of the TED’S Roofing & Plumbing Enterprise Agreement 2019.

[1] TED’s Roofing & Plumbing Ptd Ltd as the Trustee for TED’s Roofing & Plumbing Unit Trust (the Employer) has made an application for approval of an enterprise agreement known as the TED'S Roofing & Plumbing Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 was approved on 2 September 2019 and, in accordance with s 54, will operate from 9 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of TED’s Roofing & Plumbing Ptd Ltd as the Trustee for TED’s Roofing & Plumbing Unit Trust T/A TED’s Roofing & Plumbing, the court was presented with an application for the approval of the TED’S Roofing & Plumbing Enterprise Agreement 2019. The application was made by the employer, and the Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred around the provisions of the agreement and their compliance with the legislative requirements, particularly in terms of ensuring fairness and meeting the standards of the modern award.

The legal issues before the court required careful consideration of the provisions of the Fair Work Act, including whether the agreement provided for a safety net of minimum wages and conditions, and whether it contained terms that were not contrary to the purposes of the Act. The court had to assess whether the agreement was procedurally sound, with fair and genuine negotiations, and whether it contained provisions that were necessary and appropriate for the proper operation of the enterprise. Additionally, the court needed to determine if the agreement was in the best interests of the employees covered by it.

In delivering its decision, the court found that the Enterprise Agreement 2019 was procedurally sound, having been negotiated in good faith, and contained terms that were not contrary to the purposes of the Act. The court was satisfied that the agreement provided for a safety net of minimum wages and conditions, and that it included provisions that were necessary and appropriate for the proper operation of the enterprise. The court concluded that the agreement was in the best interests of the employees and was fair and reasonable. Accordingly, the court approved the agreement under section 232 of the Fair Work Act 2009.

TED’s Roofing & Plumbing Ptd Ltd as the Trustee for TED’s Roofing & Plumbing Unit Trust T/A TED’s Roofing & Plumbing

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established