DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barker Air Services Pty Ltd
(AG2020/3909)

BARKER AIR SERVICES PTY LTD / AMWU ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 DECEMBER 2020

Application for approval of the Barker Air Services Pty Ltd/AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Barker Air Services Pty Ltd/AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023 (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] 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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2021. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barker Air Services Pty Ltd sought approval of their enterprise agreement with the Australian Manufacturing Workers' Union (AMWU) from the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers involved in the heating, ventilation, and air conditioning (HVAC) sector within the construction industry in New South Wales. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and was in the best interests of the employees.

The legal issues before the Commission included whether the agreement contained mandatory terms that were permissible under the Act, the fairness of the provisions regarding pay, conditions, and dispute resolution, and whether the agreement facilitated productive workplace relations. Additionally, the Commission had to consider the extent to which the agreement met the statutory requirements for approval, including its compliance with the 'better off overall test', which assesses whether employees are no worse off financially and have no detriment to their conditions.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission acknowledged that the agreement provided for fair and reasonable terms, ensuring that employees were not disadvantaged and were better off overall. The Commission also noted the agreement's provisions for resolving disputes and maintaining productive workplace relations. The decision highlighted the importance of ensuring that the terms and conditions of employment provided for in the agreement were fair and reasonable and did not cause detriment to the employees. The Commission approved the Barker Air Services Pty Ltd/AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023.

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