All Systems Ventilation Pty Ltd Summary

[2024] FWCA 1999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

All Systems Ventilation Pty Ltd

(AG2024/1758)

ALL SYSTEMS VENTILATION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2024

Application for approval of the All Systems Ventilation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

All Systems Ventilation Pty Ltd has made an application for approval of an enterprise agreement known as the All Systems Ventilation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 31 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, All Systems Ventilation Pty Ltd, sought approval for a proposed enterprise agreement between itself and the CEPU – Plumbing Division (Vic) under the Fair Work Act 2009. The dispute arose when the parties could not reach an agreement on certain terms and conditions of employment, necessitating the intervention of the Fair Work Commission to ensure the agreement met the statutory requirements. The Commission was tasked with determining whether the agreement was suitable for registration and thus approval.

The primary legal issue before the Commission was whether the proposed agreement satisfied the "better off overall test" stipulated in the Fair Work Act. This test requires that employees be at least as well off financially under the new agreement as they would be under the previous agreement, or at least be provided with other genuine improvements in conditions of employment. The applicant needed to demonstrate that the agreement provided sufficient benefits to employees to justify its approval, despite the absence of union representation for the employees.

The Commission found that the proposed agreement did indeed meet the better off overall test. The evidence presented showed that employees would experience no financial detriment and would benefit from improved working conditions and job security. The Commission concluded that the agreement provided genuine improvements, including increased flexibility in work hours, enhanced leave provisions, and better career development opportunities. Consequently, the Commission approved the application and registered the agreement under the Act.

In summary, the Fair Work Commission approved and registered the All Systems Ventilation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, finding that it met the statutory requirements and provided genuine benefits to employees.

All Systems Ventilation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established