DECISION

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

Australian HVAC Projects Pty Ltd
(AG2020/3747)

AUSTRALIAN HVAC PROJECTS PTY LTD AND AMWU QUEENSLAND ENTERPRISE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 DECEMBER 2020

Application for approval of the Australian HVAC Projects Pty Ltd and AMWU Queensland Enterprise Agreement 2020-2022.

[1] Australian HVAC Projects Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Australian HVAC Projects Pty Ltd and AMWU Queensland Enterprise Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 31 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian HVAC Projects Pty Ltd sought approval of an enterprise agreement with the Australian Manufacturing Workers’ Union, Queensland Branch. The application was brought before the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved scrutiny of the bargaining processes, the fairness of the agreement’s terms, and whether the agreement complied with the Fair Work (Registered Organisations) Act 2009.

The Commission examined the evidence provided to determine the bona fides of the bargaining process and whether the agreement was genuinely negotiated and not imposed. The Court assessed whether the terms of the agreement were fair and reasonable, taking into account the needs of the employees, the interests of the employer, and the broader economic context. Furthermore, the Commission considered whether the agreement complied with all relevant legislative requirements, including provisions regarding minimum wages and other industrial matters.

The Commission concluded that the agreement was fairly negotiated and that the terms were reasonable in the context of the bargaining process. The Commission found that the application met the statutory criteria for approval under the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement. The approval was subject to specific conditions, ensuring compliance with minimum wage rates and other statutory obligations.

Australian HVAC Projects 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