Total Drain Cleaning Services Pty Ltd T/A Total Drain Group Pty Ltd

[2024] FWCA 3632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Total Drain Cleaning Services Pty Ltd T/A Total Drain Group Pty Ltd

(AG2024/3659)

TOTAL DRAIN GROUP (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2024

Water, sewerage and drain services industry
COMMISSIONER CRAWFORD	SYDNEY, 18 OCTOBER 2024

Application for approval of the Total Drain Group (New South Wales) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Total Drain Group (New South Wales) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Total Drain Cleaning Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 25 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Drain Cleaning Services Pty Ltd, trading as Total Drain Group Pty Ltd, sought approval of the Total Drain Group (New South Wales) Enterprise Agreement 2024 from the Fair Work Commission. The agreement aimed to govern the employment terms and conditions for employees within the Total Drain Group, focusing on various aspects such as wages, hours of work, leave entitlements, and other employment conditions. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to decide were whether the agreement was a genuine enterprise agreement, whether it met the requirements for employee representation, and whether the agreement contained the necessary provisions to ensure fairness and compliance with the Act. Additionally, the court examined if the agreement adequately addressed the interests of the employees and the employer and if it provided for the proper bargaining process as required by law.

The court found that the proposed agreement was a genuine enterprise agreement, with sufficient employee representation and fair provisions. The agreement was deemed to meet all the necessary requirements under the Fair Work Act 2009. It was determined that the agreement adequately balanced the interests of both the employees and the employer and was the result of a proper bargaining process. The court approved the Total Drain Group (New South Wales) Enterprise Agreement 2024, confirming its validity and applicability to the specified enterprise.

The court's approval of the agreement signified that it complied with all statutory requirements and provided for a fair and effective framework for the employment conditions of the Total Drain Group employees. The agreement was set to commence on the first day of the second calendar month following the date of the approval decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established