DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Watson Fitzgerald & Associates Pty Ltd
(AG2020/363)

WATSON FITZGERALD & ASSOCIATES PTY LTD PLUMBING MECHANICAL SERVICES ON SITE ENTERPRISE AGREEMENT 2020-2022

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 21 FEBRUARY 2020

Application for approval of the WATSON FITZGERALD & ASSOCIATES PTY LTD PLUMBING MECHANICAL SERVICES ON SITE ENTERPRISE AGREEMENT 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the WATSON FITZGERALD & ASSOCIATES PTY LTD PLUMBING MECHANICAL SERVICES ON SITE ENTERPRISE AGREEMENT 2020 - 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Watson Fitzgerald & Associates Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 February 2020.

[3] On 21 February 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[4] 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) of the Act I note that the Agreement covers this organisation.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Watson Fitzgerald & Associates Pty Ltd, sought approval of an Enterprise Agreement from the Fair Work Commission. The dispute arose between the applicant, a plumbing and mechanical services company, and its employees, represented by the United Voice Union of Australia. The matter was brought before the Fair Work Commission, an Australian independent statutory body with jurisdiction to make binding decisions in employment disputes.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the Agreement was in the best interests of the employees, whether it provided for a fair and reasonable outcome for the employees, and if it met the criteria for approval under the Act. The applicant argued that the proposed Agreement was beneficial to the employees, while the Union contended that it did not adequately address certain issues.

In examining the matter, the Commission considered the terms and conditions of the proposed Enterprise Agreement, the submissions made by both parties, and relevant precedent. The Commission found that the Agreement provided for a fair and reasonable outcome for the employees, taking into account the overall balance of benefits and detriments. The Commission also determined that the Agreement met the criteria for approval under the Fair Work Act. As a result, the Commission approved the proposed Enterprise Agreement.

Consequently, the Fair Work Commission approved the Watson Fitzgerald & Associates Pty Ltd Plumbing Mechanical Services On Site Enterprise Agreement 2020 - 2022, effective from the date of the decision. The approved Agreement sets out the terms and conditions of employment for the employees of the applicant for the specified period.

Watson Fitzgerald & Associates Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established