Westside Plumbing Pty Ltd Summary

[2023] FWCA 2297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Westside Plumbing Pty Ltd

(AG2023/2282)

WESTSIDE PLUMBING PTY LTD (SANITARY CONSTRUCTION AND SERVICE) ENTERPRISE AGREEMENT 2023

Plumbing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 25 JULY 2023

Application for approval of the Westside Plumbing Pty Ltd (Sanitary Construction and Service) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Westside Plumbing Pty Ltd (Sanitary Construction and Service) Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The application was required to be filed within 14 days after it was made on 20 June 2023 in accordance with s.185(3) of the Act. As it was not filed until 10 July 2023, it was filed after the expiry of the statutory timeframe. Having received further submissions relating to that issue I consider it fair in all the circumstances to extend the time for making the application. Pursuant to s.185(3)(b) of the Act I extend the time for making the application until 10 July 2023.

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. 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.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Westside Plumbing Pty Ltd and its employees, represented by the Plumbing Industry Trade Union. The parties sought approval of the Westside Plumbing Pty Ltd (Sanitary Construction and Service) Enterprise Agreement 2023. The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including compliance with the Good Faith Bargaining and Pay Parity provisions. The Commission had to consider whether the agreement was made in good faith, provided for fair pay and conditions, and met the other criteria stipulated by the legislation.

The Commission examined the bargaining process and the content of the proposed agreement. It assessed whether there was genuine negotiation between the parties and whether the agreement addressed the employees' interests adequately. Additionally, the Commission had to ensure that the terms of the agreement were consistent with the relevant industry awards and did not undermine the minimum standards set by the Fair Work Act. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement was made in good faith, covered all required terms and conditions, and did not disadvantage the employees.

The Fair Work Commission approved the Westside Plumbing Pty Ltd (Sanitary Construction and Service) Enterprise Agreement 2023, finding that it met all the necessary statutory requirements. The Commission acknowledged the efforts of both parties in reaching a mutually beneficial agreement and determined that the terms were fair and reasonable. This decision was based on the comprehensive evidence provided, which demonstrated the parties' commitment to good faith bargaining and the overall suitability of the agreement's terms.

Westside Plumbing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established