Brenair Mechanical Services Pty Ltd Summary

[2013] FWCA 1064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brenair Mechanical Services Pty Ltd
(AG2013/4827)

BRENAIR MECHANICAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 14 FEBRUARY 2013

Application for approval of the Brenair Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Brenair Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement). It has been made by Brenair Mechanical Services Pty Ltd.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brenair Mechanical Services Pty Ltd sought approval for its enterprise agreement with the CEPU - Plumbing Division (Vic) for the years 2011-2015. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval. The dispute arose due to concerns about the fairness and effectiveness of the proposed terms, particularly in relation to wages and working conditions.

The primary legal issues the Commission needed to address were whether the agreement provided for fair and reasonable terms, and whether it met the statutory requirements for approval. This included assessing whether the agreement complied with the Fair Work Act, particularly in terms of ensuring fairness for employees and not prejudicing the resolution of industrial disputes. The Commission also considered whether the agreement contained provisions that were contrary to public policy.

In its decision, the Fair Work Commission examined the agreement clause by clause, taking into account submissions from both parties. The Commission determined that while most provisions of the agreement were fair and reasonable, certain clauses regarding the classification and remuneration of employees required modification. The Commission made amendments to these clauses to ensure they complied with the statutory requirements and provided for fair terms. The Commission ultimately found that the amended agreement met the necessary criteria for approval.

As a result, the Fair Work Commission approved the Brenair Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, subject to the modifications made to specific clauses. This decision ensures that the agreement provides fair and reasonable terms for employees and complies with the statutory framework for enterprise agreements.

Brenair Mechanical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established