Welway Pty Ltd T/A Knowles Plumbing

Case

[2023] FWCA 3150

28 SEPTEMBER 2023


[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

  1. 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.

  1. 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.

  1. 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.

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

  1. 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.

  1. 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

<AE521679  PR766668>

Annexure A

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