The Woolsey Family Trust T/A Jorob Plumbing Services Pty Ltd
[2023] FWCA 2473
•8 AUGUST 2023
| [2023] FWCA 2473 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Woolsey Family Trust T/A Jorob Plumbing Services Pty Ltd
(AG2023/2472)
JOROB PLUMBING SERVICES AGREEMENT 2023
| Plumbing industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 8 AUGUST 2023 |
Application for approval of the Jorob Plumbing Services Agreement 2023
An application has been made for approval of an enterprise agreement known as the Jorob Plumbing Services Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Woolsey Family Trust T/A Jorob Plumbing Services Pty Ltd. The Agreement is a single enterprise agreement.
I was concerned that the dispute term at clause 18 of the Agreement which appears to exclude disputes about parental leave and flexible working arrangements may be read so as to operate in a manner inconsistent with s.186(6) of the Act. S.186(6) states the dispute term must allow for disputes about any matters arising under the agreement or the NES. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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 the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
As clause 20 dealing with individual flexibility agreements does not provide that individual flexibility agreements must only be about permitted matters and not contain any unlawful terms, as is required by s 203(1)(b) of the Act, I note, as required by s.202(4), the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement was approved on 8 August 2023 and, in accordance with s.54, will operate from 15 August 2023. The nominal expiry date of the Agreement at clause 2.1 is 8 August 2027.
DEPUTY PRESIDENT
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