Aircon Rentals Pty Limited Summary

[2024] FWCA 4061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Aircon Rentals Pty Limited

(AG2024/3683)

AIRCON RENTALS ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 21 NOVEMBER 2024

Application for approval of the Aircon Rentals Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Aircon Rentals Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aircon Rentals Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

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.

I note that Clause 4.5 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that the Workplace delegates’ rights clauses, namely, clause 37A in the Clerks – Private Sector Award 2020; clause 25A in the Road Transport (Long Distance Operations) Award 2020; clause 29A in the Storage Services and Wholesale Award 2020; clause 33A in the General Retail Industry Award 2020 and clause 26A in the Electrical, Electronic and Communications Contracting Award 2020, are taken to be terms of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement 21 November 2028, being 4 years from date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Aircon Rentals Pty Limited applied for approval of the Aircon Rentals Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for the company's staff, seeking to establish a legally binding agreement that would govern their working relationship. The Commission was tasked with ensuring that the proposed agreement met the necessary legal standards and did not unfairly disadvantage employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandatory terms required by the Act, and whether it provided for fair and reasonable terms and conditions of employment. This involved assessing the agreement against the Fair Work (Registered Organisations) Act 2009 and other relevant legislative provisions to ensure that it was not detrimental to the employees' interests.

The Commission examined the agreement thoroughly, considering various aspects such as the rates of pay, classification of employees, and other employment conditions. It found that the proposed agreement met all the statutory requirements and was fair and reasonable. The Commission concluded that the agreement did not unfairly disadvantage the employees and was in line with the legislative framework governing enterprise agreements. Consequently, the Commission approved the Aircon Rentals Enterprise Agreement 2024, ensuring that the terms of employment for the company's staff were legally sound and appropriately regulated.

Aircon Rentals Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established