Airborn Installations Pty Limited Summary

[2013] FWCA 7101

FAIR WORK COMMISSION

DECISION

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

Airborn Installations Pty Limited
(AG2013/2826)

AIRBORN INSTALLATIONS PTY LIMITED/AMWU ON-SITE CONSTRUCTION HVAC WORKERS COLLECTIVE AGREEMENT FOR NSW AND ACT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 SEPTEMBER 2013

Application for approval of the Airborn Installations Pty Limited/AMWU On-site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Airborn Installations Pty Limited/AMWU On-site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014 (the Agreement). The application was made by Airborn Installations Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union 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 the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 26 September 2013. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airborn Installations Pty Limited, a company involved in the construction industry, applied to the Fair Work Commission for approval of a collective agreement with the Australian Manufacturing Workers' Union (AMWU) concerning heating, ventilation, and air conditioning (HVAC) workers in New South Wales and the Australian Capital Territory for the years 2013-2014. The nature of the dispute involved the terms and conditions of employment for HVAC workers under this agreement, which was contested by various parties including the AMWU and other trade unions. The matter was heard in the Fair Work Commission of Australia.

The primary legal issues the Commission had to address were whether the collective agreement was genuinely made and whether it complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements of genuine collective bargaining and if it adhered to the provisions set out in the Act. The Commission also considered whether the agreement was in the best interests of the employees involved.

In reaching its decision, the Commission examined the evidence presented by both Airborn Installations and the AMWU. The Commission found that the collective agreement was genuinely made and met the statutory requirements. The Commission took into account the process by which the agreement was negotiated, the extent of union involvement, and the provisions of the agreement itself. It was determined that the agreement was in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the collective agreement as it complied with the relevant legislative framework.

The Fair Work Commission approved the Airborn Installations Pty Limited/AMWU On-site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014, recognising it as a valid and fair agreement for the specified period.

Airborn Installations Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established