Welway Pty Ltd T/A Knowles Plumbing

[2023] FWCA 3150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Welway Pty Ltd T/A Knowles Plumbing

(AG2023/3144)

WELWAY PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2023 - 2026

Plumbing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 28 SEPTEMBER 2023

Application for approval of the Welway Pty Ltd and Employee Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as The Welway Pty Ltd and Employee Enterprise Agreement 2023 – 2026. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Welway Pty Ltd trading as Knowles Plumbing (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 5.3 of the Agreement provides that This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. This Agreement provides that the Employees will be paid at or above, the minimum rates of pay and all applicable allowances prescribed by the Award.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Welway Pty Ltd, trading as Knowles Plumbing, applied for the approval of the Welway Pty Ltd and Employee Enterprise Agreement 2023-2026. The dispute arose from the proposed terms and conditions of employment outlined in the agreement, which the applicant sought to have approved and made binding on its employees.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it complied with the relevant provisions concerning fair and reasonable terms. Specifically, the Commission had to assess if the agreement was genuinely negotiated, free from coercion or undue influence, and if it provided for fair and reasonable terms of employment.

The Commission examined the evidence provided by the applicant, which included details of the bargaining process and the terms proposed in the agreement. It found that the agreement was the product of genuine negotiations and was free from any undue influence or coercion. Furthermore, the Commission determined that the proposed terms were fair and reasonable, taking into account the economic and operational context of the business. The Commission was satisfied that the agreement met the necessary criteria for approval.

As a result, the Fair Work Commission approved the Welway Pty Ltd and Employee Enterprise Agreement 2023-2026, making it binding on the parties from the date of the approval. The decision was communicated to the applicant and relevant employees, and the agreement is now in effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established