DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barker Air Services Pty Ltd
(AG2016/3913)

BARKER AIR SERVICES PTY LTD ON-SITE CONSTRUCTION HVAC WORKERS COLLECTIVE AGREEMENT FOR NSW 2015-2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Barker Air Services Pty Ltd On-Site Construction HVAC Workers Collective Agreement for NSW 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Barker Air Services Pty Ltd On-Site Construction HVAC Workers Collective Agreement for NSW 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barker Air Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 12 September 2016. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Barker Air Services Pty Ltd applied to the Fair Work Commission for approval of the Barker Air Services Pty Ltd On-Site Construction HVAC Workers Collective Agreement for NSW 2015-2017. The application was opposed by the Australian Building and Construction Employees and Builders Labourers Federation (NSW/ACT). The central issue was whether the proposed agreement met the requirements of section 231 of the Fair Work Act 2009. Specifically, the opposition argued that the agreement did not meet the "better off overall test" as required by the legislation. The opposition contended that the proposed agreement did not provide workers with better pay and conditions than they would have received under the relevant industry award.

The Commission considered whether the agreement would provide the employees with a better overall package of pay and conditions compared to what they would receive under the applicable award. The Commission examined the terms of the proposed agreement and the relevant award, taking into account the specific circumstances of the employees and the industry. The Commission found that the proposed agreement did provide the employees with better pay and conditions than they would have received under the award. The Commission noted that the agreement included provisions for higher wages, improved leave entitlements, and other benefits that were not provided for under the award.

As a result of its findings, the Commission approved the Barker Air Services Pty Ltd On-Site Construction HVAC Workers Collective Agreement for NSW 2015-2017. The Commission was satisfied that the agreement met the requirements of section 231 of the Fair Work Act 2009 and provided the employees with a better overall package of pay and conditions than they would have received under the relevant award. The opposition's application for the agreement's approval was dismissed.

Barker Air Services 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