DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chatfield A/C & Electrical Services Pty Ltd T/A Chatfield Ozcool
(AG2016/5027)

CHATFIELD A/C & ELECTRICAL SERVICES PTY LTD T/A CHATFIELD OZCOOL ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the Chatfield A/C & Electrical Services Pty Ltd t/a Chatfield Ozcool Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Chatfield A/C & Electrical Services Pty Ltd t/a Chatfield Ozcool Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chatfield A/C & Electrical Services Pty Ltd T/As Chatfield Ozcool. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2016. The nominal expiry date of the Agreement is 8 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chatfield A/C & Electrical Services Pty Ltd t/a Chatfield Ozcool applied to the Fair Work Commission for approval of an enterprise agreement. The applicants, Chatfield A/C & Electrical Services Pty Ltd trading as Chatfield Ozcool, were seeking approval for the terms and conditions of their Enterprise Agreement 2016-2019. The respondents, who included several unions representing employees within the company, objected to the proposed agreement. The crux of the dispute lay in the fairness and compliance of the proposed agreement under the Fair Work Act 2009, specifically concerning the terms related to pay rates, working hours, and conditions of employment.

The central legal issues for the Commission to resolve were whether the agreement was genuinely a bargain between the employer and the employees, if the terms were fair and reasonable, and if the agreement met the statutory requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including remuneration, working hours, and other conditions of employment. It also needed to ensure that the agreement was not detrimental to the employees and complied with the procedural requirements for approval.

In reaching its decision, the Fair Work Commission evaluated the evidence provided by both parties and considered the broader context of the enterprise agreement. The Commission concluded that the agreement was a genuine bargain and that it provided for fair and reasonable terms and conditions. The Commission found that the proposed agreement met the statutory requirements and was in compliance with the relevant provisions of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2016-2019.

Chatfield A/C & Electrical Services Pty Ltd T/A Chatfield Ozcool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established