DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brentair Nominees Pty Ltd T/A Air Systems Engineering
(AG2014/10775)

AIR SYSTEMS ENGINEERING ENTERPRISE AGREEMENT 2014-2018

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 30 JANUARY 2015

Application for approval of the Air Systems Engineering Enterprise Agreement 2014-2018.

[1] An application has been made for approval of a single-enterprise agreement known as the Air Systems Engineering Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brentair Nominees Pty Ltd T/A Air Systems Engineering (the Applicant).

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 30 January 2019.

ANNEXURE 1

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Brentair Nominees Pty Ltd trading as Air Systems Engineering, applied for the approval of the Air Systems Engineering Enterprise Agreement 2014-2018 under section 176 of the Fair Work Act 2009. The application was heard by Deputy President Finkel in the Fair Work Commission. The nature of the dispute revolves around the terms and conditions of employment for employees under the proposed enterprise agreement, specifically focusing on the classification and remuneration of employees.

The legal issues before the court were to determine if the proposed agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The key issues involved whether the agreement provided for fair and reasonable terms and conditions, including pay rates and classification, and whether it adhered to the relevant provisions of the Act. The court also had to consider if the agreement was negotiated in good faith and if it was appropriately inclusive of the employees' interests.

In considering the application, Deputy President Finkel examined the evidence presented by both the applicant and the objectors. The court found that the proposed agreement did indeed provide for fair and reasonable terms and conditions. It was concluded that the agreement was negotiated in good faith and was inclusive of the employees' interests. The Deputy President noted that the agreement was reflective of the bargaining positions of the parties and was appropriate given the context of the industry and the financial position of the company. Consequently, the court approved the application for the agreement's registration. The final orders included the registration of the Air Systems Engineering Enterprise Agreement 2014-2018 under the Fair Work Act 2009.

Brentair Nominees Pty Ltd T/A Air Systems Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established