DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Welway Pty Ltd T/A Knowles Plumbing
(AG2019/2383)

WELWAY PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
COMMISSIONER WILLIAMS	PERTH, 2 SEPTEMBER 2019

Application for approval of the Welway Pty Ltd and Employee Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Welway Pty Ltd and Employee Enterprise Agreement 2019 - 2023 (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 T/A Knowles Plumbing. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2019. The nominal expiry date of the Agreement is 31 July 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Welway Pty Ltd and Employee Enterprise Agreement 2019 - 2023. The applicant, Welway Pty Ltd, sought the court's approval of the proposed agreement, which aimed to regulate the terms and conditions of employment for its employees during the specified period. The Fair Work Commission (FWC) was the respondent, responsible for ensuring compliance with the Fair Work Act 2009 and promoting fair work practices.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant legislative framework and whether it met the statutory requirements for approval. This involved examining whether the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009 and if it was made in good faith and without coercion. Additionally, the court had to determine whether the agreement provided a fair and reasonable balance of rights, obligations, and benefits for both the employer and the employees.

In considering the application, the court assessed the provisions of the proposed agreement against the legislative criteria. It examined whether the agreement satisfied the mandatory terms, including minimum wages, leave entitlements, and other employment conditions. The court also evaluated whether the agreement was made in good faith, without any undue pressure or coercion, and if it provided a fair and reasonable balance of rights and obligations for both parties. Ultimately, the court found that the proposed agreement met the statutory requirements and approved it, ensuring that the terms and conditions of employment for the employees of Welway Pty Ltd were regulated as intended.

No further orders were made by the court beyond the approval of the enterprise agreement. The decision effectively provided legal certainty for the terms of employment for the specified period, ensuring compliance with the Fair Work Act 2009 and promoting fair work practices.

Welway Pty Ltd T/A Knowles Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established