Westside Plumbing Pty Ltd

[2014] FWCA 6316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Westside Plumbing Pty Ltd
(AG2014/8726)

WESTSIDE PLUMBING PTY LTD ENTERPRISE AGREEMENT 2014

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 SEPTEMBER 2014

Application for approval of the Westside Plumbing Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Westside Plumbing Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westside Plumbing Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2014. The nominal expiry date of the Agreement is 17 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Westside Plumbing Pty Ltd applied for the Fair Work Commission to approve the Westside Plumbing Pty Ltd Enterprise Agreement 2014. The Fair Work Commission assessed whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement complied with the provisions regarding minimum entitlements and if it adhered to the procedural requirements for its making.

The court examined whether the agreement provided for terms and conditions that were not less favourable than the relevant national award or safety net award. It also assessed if the agreement contained any provisions that contravened the safety net provisions of the Fair Work Act. Furthermore, the court considered whether the agreement was genuinely negotiated and made in good faith, as required by the legislation. The analysis involved reviewing the bargaining process and the content of the agreement to ensure it met all statutory criteria.

The court concluded that the agreement did not provide for terms and conditions that were not less favourable than the relevant safety net award and, therefore, failed to meet the requirements of the Fair Work Act. The court found that the agreement included provisions that contravened the safety net provisions, specifically regarding penalty rates and other entitlements. Additionally, there were procedural issues regarding the negotiation process, indicating that the agreement was not made in good faith.

The Fair Work Commission declined to approve the agreement. The Commission ordered that the agreement be returned to the parties for amendment and resubmission, if appropriate, to meet the statutory requirements. The decision underscored the importance of compliance with minimum entitlements and procedural fairness in the creation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established