[2015] FWCA 5336

The attached document replaces the document previously issued with the above code on 4 August 2015.

The words “CORRECTION TO” have been inserted in the first line of the decision’s preamble

Bronwyn Brown

Associate to Deputy President Lawrence

Dated: 5 August 2015

[2015] FWCA 5336

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Whywait Plumbing Pty Ltd T/A Whywait Plumbing Services
(AG2015/4040)

WHYWAIT PLUMBING ENTERPRISE AGREEMENT 2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 AUGUST 2015

Application for approval of the Whywait Plumbing Enterprise Agreement 2015.

The decision issued by the Fair Work Commission on 4 August 2015 [2015] FWCA 5336 (PR570171) is corrected as follows:

1. By deleting paragraph [3] and replacing it with the following:

“[3] The Agreement is approved. In accordance with s.54(1) it will operate from 11 August 2015.The nominal expiry date of the Agreement is 9 March 2019.”

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Whywait Plumbing Pty Ltd, trading as Whywait Plumbing Services, applied for approval of the Whywait Plumbing Enterprise Agreement 2015. The application was brought before the Fair Work Commission, a federal tribunal in Australia, tasked with overseeing employment relations matters and workplace laws. The central dispute centred on whether the agreement, which was intended to govern the terms and conditions of employment for the company's workers, met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address involved whether the agreement complied with the procedural and substantive fairness standards mandated by the Act. Procedural fairness required the Commission to consider whether there had been genuine bargaining between the employer and employees, and whether the agreement had been properly presented and explained to the employees. Substantive fairness involved examining whether the agreement provided for fair and reasonable terms and conditions, including matters such as wages, hours of work, and other employment conditions. The Commission had to ensure that the agreement did not disadvantage employees and that it met the threshold criteria for approval.

After considering the evidence and arguments presented by the parties, the Commission found that the agreement had been negotiated in good faith and met the procedural requirements for approval. The Commission also concluded that the agreement provided fair and reasonable terms and conditions for the employees, and that it did not disadvantage any party. The agreement was therefore approved, and the Fair Work Commission issued its decision in favour of Whywait Plumbing Pty Ltd. The Commission found that the agreement was fair and reasonable, and that it met the legal standards for approval under the Fair Work Act 2009. The agreement was consequently approved and registered with the Fair Work Commission.

Whywait Plumbing Pty Ltd T/A Whywait Plumbing Services

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established