DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Industrial Services T/A WSM Plumbing
(AG2018/721)

WESTERN INDUSTRIAL SERVICES PTY LTD T/A WSM PLUMBING - ENTERPRISE AGREEMENT 2018

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 22 JUNE 2018

Application for approval of the Western Industrial Services Pty Ltd T/A WSM Plumbing - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Western Industrial Services Pty Ltd T/A WSM Plumbing - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Industrial Services T/A WSM 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 29 June 2018. The nominal expiry date of the Agreement is 21 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Western Industrial Services Pty Ltd T/A WSM Plumbing sought approval for their Enterprise Agreement 2018 from the Fair Work Commission. The application was brought before the Commission by the Australian Building and Construction Commission. The primary dispute centred around the interpretation and validity of certain clauses within the proposed agreement, particularly those concerning employee entitlements and conditions of work.

The central legal issues addressed by the Commission involved the interpretation of the Fair Work Act 2009 and associated regulations in the context of the proposed enterprise agreement. Specifically, the Commission needed to determine whether the agreement complied with the statutory requirements for enterprise agreements, including provisions on minimum wages and conditions, and whether it provided for fair and reasonable terms and conditions of employment. The dispute also involved whether the agreement adequately addressed the needs and interests of both the employer and employees.

In its decision, the Commission examined the evidence and submissions provided by both parties. The Commission considered the balance of rights and obligations under the Fair Work Act, focusing on whether the agreement met the 'better off overall test'. The Commission found that, while some clauses in the agreement could be improved, the overall provisions of the agreement did provide for fair and reasonable terms and conditions of employment. The Commission approved the agreement, subject to certain modifications aimed at ensuring clarity and fairness. The Commission emphasised the importance of ongoing consultation and negotiation between the parties to address any future issues that may arise.

The final orders of the Commission included the approval of the Enterprise Agreement 2018, with specific modifications to certain clauses to ensure compliance with the Fair Work Act. The Commission also directed the parties to engage in further negotiations to address any issues arising from the implementation of the agreement.

Western Industrial Services T/A WSM Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established