Trio Plumbing Pty Ltd

[2013] FWCA 4645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Trio Plumbing Pty Ltd
(AG2013/1507)

TRIO PLUMBING PTY LTD ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER BULL	SYDNEY, 12 JULY 2013

Application for approval of the Trio Plumbing Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as The Trio Plumbing Pty Ltd Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Extension of time

[2] The application was lodged at Sydney on 14 June 2013. Section 185(3)(a) of the Actprovides that an application for approval must be made within 14 days after the Agreement is made. I note that the application was lodged out of time. Section 185(3)(b) of the Actconfers a discretion on FWC to extend time. In light of the reasons provided by the Applicant, I have decided to exercise the discretion provided by subsection 185(3)(b) of the Act and extend time accordingly.

Undertakings

[3] An undertaking with respect to clause 32 - Parental Leave, the entitlement to parental leave shall be in accordance with the National Employment Standards, has been provided by the employer.

[4] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] I have sought the views of the bargaining representatives in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertaking provided.

[6] The Agreement covers employees engaged as plumbers by the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 19 July 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for approval of the Trio Plumbing Pty Ltd Enterprise Agreement 2013-2016. The applicant, Trio Plumbing Pty Ltd, sought approval of the agreement with its employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was the procedural fairness of the agreement-making process and the compliance of the agreement with the requirements of the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement was made in accordance with the procedural requirements of the Fair Work Act, and whether the agreement complied with the Act's provisions. The applicant argued that the agreement was made fairly and in good faith, and that it met all legal requirements. The CFMEU, on the other hand, raised concerns about the procedural fairness of the agreement-making process and questioned the compliance of the agreement with the Act.

The FWC found that the agreement-making process was procedurally fair, as the parties engaged in good faith bargaining, and the applicant provided the necessary information and explanations to the union. The FWC also concluded that the agreement complied with the Fair Work Act, as it contained all the prescribed minimum terms and conditions, and did not contravene any of the Act's provisions. The FWC approved the agreement, noting that it provided for a fair and reasonable outcome for both parties.

The FWC's decision in Trio Plumbing Pty Ltd highlights the importance of procedural fairness in the agreement-making process and the need for compliance with the Fair Work Act. The FWC's approval of the agreement demonstrates that, when the parties engage in good faith bargaining and provide the necessary information and explanations, a fair and reasonable outcome can be achieved. The decision also reinforces the importance of ensuring that enterprise agreements comply with the Act's provisions to avoid potential disputes and legal challenges.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established