Walter J Pratt Pty Ltd

[2024] FWCA 2843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Walter J Pratt Pty Ltd

(AG2024/2814)

WALTER J PRATT PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 - 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 2 AUGUST 2024

Application for approval of the Walter J Pratt Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Walter J Pratt Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Walter J Pratt Pty Ltd. The Agreement is a single enterprise agreement.

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

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 40: Compassionate leave – stillbirth consideration.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on the approval of an enterprise agreement between Walter J Pratt Pty Ltd and CEPU – Plumbing Division (Vic). The agreement in question covered the period from 2024 to 2027 and was proposed as a means to regulate the terms and conditions of employment for the employees within the company. The dispute arose from various negotiations and submissions from both parties regarding the terms of the agreement.

The primary legal issue before the Commission was whether the proposed agreement met the criteria set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely bargained between the employer and the employees, if it provided for a fair and reasonable set of terms and conditions, and if it complied with any applicable minimum standards. The Commission also considered submissions from the Australian Building and Construction Commission, which had concerns regarding the agreement’s provisions.

In its decision, the Commission examined the submissions and evidence presented by both parties. It found that the agreement had been genuinely negotiated and reflected a fair and reasonable set of terms for the employees. The Commission noted the balance between the interests of the employer and the employees, and determined that the agreement met the criteria for approval. Consequently, the Commission approved the agreement, subject to certain minor amendments to address the concerns raised by the Australian Building and Construction Commission. These amendments were aimed at ensuring compliance with applicable minimum standards and maintaining a fair balance between the parties.

The final orders of the Commission included the approval of the agreement with the specified amendments, which were intended to ensure compliance with the statutory requirements. The Commission's decision underscored the importance of genuine negotiation and fair terms in the context of enterprise agreements, while also addressing specific regulatory concerns raised by relevant authorities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established