Carseldine Air Conditioning Pty. Ltd. Summary

[2024] FWCA 149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carseldine Air Conditioning Pty. Ltd.

(AG2023/5291)

CARSELDINE AIR CONDITIONING (SERVICES STAFF) EMPLOYEE COLLECTIVE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 12 JANUARY 2024

Application for approval of the Carseldine Air Conditioning (Services Staff) Employee Collective Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Carseldine Air Conditioning (Services Staff) Employee Collective Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carseldine Air Conditioning Pty. Ltd. (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 November 2023 and the Agreement was made on 14 December 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2024. The nominal expiry date of the Agreement is 19 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carseldine Air Conditioning Pty. Ltd. recently appeared before the Fair Work Commission to seek approval of the Carseldine Air Conditioning (Services Staff) Employee Collective Enterprise Agreement 2023. The dispute involved the proposed terms and conditions of employment for the services staff of the company, including issues such as wages, working hours, leave entitlements, and other employment-related matters.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the formal requirements set out in the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission had to ensure that the agreement was not only procedurally valid but also substantively fair and reasonable. This included assessing whether the agreement provided for the proper protection of employees' rights and interests and whether it balanced the interests of both the employer and the employees.

The Fair Work Commission found that the proposed agreement met all formal requirements and was substantively fair. The Commission noted that the agreement provided for reasonable terms and conditions, including adequate wage rates and leave entitlements, and that it balanced the interests of both parties. The Commission approved the enterprise agreement, recognising that it would provide for the proper protection of employees' rights and interests and would contribute to the overall fairness and efficiency of the workplace.

The Commission's decision to approve the Carseldine Air Conditioning (Services Staff) Employee Collective Enterprise Agreement 2023 is significant for both the employer and the employees. It provides certainty and stability in the workplace by setting out clear terms and conditions of employment. The approval of the agreement ensures that the employees are protected and that the employer can operate within a fair and reasonable framework. The decision sets a precedent for future negotiations and agreements in the industry.

Carseldine Air Conditioning Pty. Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established