DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citiwide Installations Pty Ltd
(AG2015/5433)

“CITIWIDE INSTALLATIONS PTY LTD” ON-SITE CONSTRUCTION HVAC WORKERS ENTERPRISE AGREEMENT FOR NSW 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 SEPTEMBER 2015

Application for approval of the “Citiwide Installations Pty Ltd” On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the “Citiwide Installations Pty Ltd” On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Citiwide Installations 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 was approved on 15 September 2015 and, in accordance with s.54, will operate from 22 September 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the "Citiwide Installations Pty Ltd" On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015-2018, the Fair Work Commission heard the case. The applicants sought the approval of the agreement, which was intended to govern the terms and conditions of employment for HVAC workers employed by Citiwide Installations Pty Ltd in New South Wales over the specified period. The dispute primarily centred on whether the agreement complied with the necessary legal standards and provided fair and reasonable terms for the workers.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms, and whether it complied with the procedural requirements for enterprise agreements. The Commission also needed to determine whether the agreement was made without any improper influence or coercion and if it provided adequate protection for the workers' rights.

The Commission found that the agreement was made in good faith, without any improper influence or coercion, and that it provided for fair and reasonable terms for the workers. It was noted that the agreement included provisions for minimum wages, leave entitlements, and other employment conditions that were consistent with industry standards. The Commission was satisfied that the agreement complied with all necessary legal requirements and procedural obligations. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the purposes of the Act.

The final orders of the Commission were that the "Citiwide Installations Pty Ltd" On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015-2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published, and it was to commence on the date of the approval decision. The Commission directed that the agreement be circulated to all parties involved, and it noted that any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

Citiwide Installations 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