All Systems Ventilation Pty Ltd Summary

[2024] FWCA 2027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

All Systems Ventilation Pty Ltd

(AG2024/1769)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 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 3 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Systems Ventilation Pty Ltd applied for the approval of a proposed enterprise agreement with the CEPU – Plumbing Division (Vic). The Fair Work Commission was the court that heard the application. The dispute centred around whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The key legal issues were whether the agreement complied with the procedural requirements, whether it met the good faith bargaining criteria, and whether the terms and conditions of the agreement were fair and reasonable. The Commission had to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was properly certified by an independent certifier.

In its decision, the Commission found that the agreement was made in good faith and that the bargaining process was procedurally sound. The Commission also determined that the agreement contained all the required minimum terms and conditions and was therefore compliant with the statutory provisions. The terms of the agreement were deemed fair and reasonable, taking into account the specific circumstances of the bargaining parties and the industry context. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the All Systems Ventilation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 be approved and registered with the Fair Work Commission. The agreement is to take effect from the date of the decision and will remain in force until the end of the specified period, subject to any variations or terminations as provided for within the agreement.

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