Wild Company Pty Ltd T/A Wild Plumbing

Case [2018] FWCA 2741
[2018] FWCA 2741

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Wild Company Pty Ltd T/A Wild Plumbing

(AG2017/6581)

Wild Company Pty Ltd Employee Collective Agreement 2018 - 2022

Plumbing industry

Commissioner McKinnon

MELBOURNE, 16 MAY 2018

Application for approval of the Wild Company Employee Collective Agreement 2018-2022.

  1. An application has been made for approval of an enterprise agreement known as the Wild Company Employee Collective Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wild Company Pty Ltd T/A Wild Plumbing. The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 15 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE428374  PR607126>

Annexure A

Details
AGLC
Wild Company Pty Ltd T/A Wild Plumbing [2018] FWCA 2741
Case
[2018] FWCA 2741
Decision Date

CaseChat Overview and Summary

The case involved Wild Company Pty Ltd, trading as Wild Plumbing, and several of its employees, represented by a union. The dispute was regarding the application for approval of the Wild Company Employee Collective Agreement 2018-2022. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The central legal issues that the Commission had to address were whether the agreement met the necessary criteria under the Fair Work Act 2009, including whether it provided for a minimum safety net of entitlements and if it had been negotiated in good faith. Another issue was whether the agreement provided for appropriate mechanisms for dispute resolution.

The Commission determined that the collective agreement complied with the statutory requirements. It was found to provide for a minimum safety net of entitlements and had been negotiated in good faith. The Commission also found that the dispute resolution mechanisms outlined in the agreement were appropriate. Therefore, the application for approval was upheld.

The Commission approved the Wild Company Employee Collective Agreement 2018-2022, confirming its compliance with the relevant legislation. The agreement was thus authorised for operation between the parties.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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