DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allstaff Air Conditioning (Vic) Pty Ltd
(AG2016/3306)

ALLSTAFF AIRCONDITIONING (VIC) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2016

Application for approval of the ALLSTAFF AIRCONDITIONING (Vic) PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ALLSTAFF AIRCONDITIONING (Vic) PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allstaff Air Conditioning (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the Enterprise Agreement (EA) between Allstaff Air Conditioning (Vic) Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The EA in question was for the period 2016 to 2019. The FWC needed to determine whether the EA complied with the necessary legal standards, and if it could be approved under the Fair Work Act 2009. Specifically, the FWC had to assess whether the EA met the requirements for good faith bargaining, if it provided for minimum entitlements, and whether it was fair and reasonable.

The FWC examined the bargaining process and found it to be conducted in good faith. The parties had engaged in meaningful discussions, and there was no evidence of coercion or unfairness. The EA provided for minimum entitlements as required by the Fair Work Act, including provisions for minimum wages, leave entitlements, and other employment conditions. The FWC also considered whether the EA was fair and reasonable, taking into account the needs of the employees and the business. The FWC concluded that the EA was fair and reasonable, as it balanced the interests of both parties and provided for adequate protections for the employees.

The FWC approved the EA, noting that it met all the necessary legal standards. The approval was based on the FWC’s finding that the EA was the product of good faith bargaining, provided for minimum entitlements, and was fair and reasonable. The FWC’s decision was made in accordance with the legal principles set out in the Fair Work Act and relevant case law. The EA was approved, and it will now apply to the employees and employers covered by the agreement.

Allstaff Air Conditioning (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established