DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cold Air Mechanical Services Pty Ltd
(AG2015/2325)

COLD AIR MECHANICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 APRIL 2015

Application for approval of the Cold Air Mechanical Services Pty Ltd Single Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Cold Air Mechanical Services Pty Ltd Single Enterprise Agreement (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Cold Air Mechanical Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 28 February 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cold Air Mechanical Services Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The application was made under the Fair Work Act 2009, which allows for the creation and approval of single enterprise agreements when an enterprise does not have a multi-enterprise agreement. The dispute centred on whether the proposed agreement met the legislative requirements, particularly in terms of the procedural fairness and the provision of sufficient information to employees.

The legal issues before the Commission involved whether the company had followed the correct procedures in developing the agreement and whether it had adequately informed its employees about the proposed changes. The Commission considered whether the application complied with the procedural fairness requirements and whether the employees had been provided with sufficient information to make an informed decision about the agreement. Furthermore, the Commission examined whether the agreement met the "better off overall test," which requires that employees be no worse off financially under the new agreement than they would be under the existing conditions of employment.

The Commission found that the company had followed the necessary procedures and had provided adequate information to its employees. The proposed agreement was deemed to meet the better off overall test, as employees would not be worse off financially. The Commission was satisfied that the agreement was fair and reasonable, and approved it under the Fair Work Act. The decision was based on the evidence provided by the company and the representation of the employees, ensuring that the agreement was beneficial and met the statutory requirements for approval.

Cold Air Mechanical Services 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