The Woolsey Family Trust T/A Jorob Plumbing Services Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the Woolsey Family Trust, trading as Jorob Plumbing Services Pty Ltd, applied for approval of the Jorob Plumbing Services Agreement 2023. The application arose from the trustees' need to formalise the operational structure and governance of the company, ensuring compliance with relevant legislation and the trust deed.

The primary legal issues before the court involved determining whether the proposed agreement was consistent with the terms of the trust deed and applicable laws. The court needed to assess if the agreement appropriately reflected the trustees' duties and responsibilities, and if it was in the best interests of the beneficiaries. Additionally, the court had to consider whether the agreement would facilitate the efficient and lawful operation of the business.

The court found that the proposed agreement complied with the trust deed and did not contravene any statutory requirements. The trustees demonstrated a clear understanding of their fiduciary duties and had structured the agreement to protect the interests of the beneficiaries. The court was satisfied that the agreement would enable the business to operate effectively while maintaining the integrity of the trust. Consequently, the court approved the Jorob Plumbing Services Agreement 2023.

As a result of the court's decision, the Jorob Plumbing Services Agreement 2023 was approved, providing a legally binding framework for the management and operation of the business. This approval ensures that the trustees can carry out their duties in accordance with the terms of the trust deed and the law, safeguarding the interests of the beneficiaries.

The Woolsey Family Trust T/A Jorob Plumbing Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established