DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commercial Installations Pty Ltd
(AG2020/721)

COMMERCIAL INSTALLATIONS PTY LTD / AMWU ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 APRIL 2020

Application for approval of the Commercial Installations Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Commercial Installations Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 April 2020. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Commercial Installations Pty Ltd to the Fair Work Commission (FWC) for approval of their enterprise agreement with the Australian Manufacturing Workers' Union (AMWU) for On-Site Construction HVAC Workers in New South Wales, covering the period 2020-2023. The AMWU had submitted the agreement for approval, and the applicant was required to demonstrate that the agreement met the statutory criteria for approval.

The legal issues before the FWC centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included examining whether the agreement was in writing, had been made by an eligible bargaining representative, and whether it contained the minimum terms and conditions of employment as prescribed by the Act. Additionally, the FWC needed to ensure that the agreement had been made in good faith and without coercion.

The FWC found that the enterprise agreement met all the statutory requirements for approval. The agreement was in writing, was made by an eligible bargaining representative, and contained the minimum terms and conditions of employment. The FWC was satisfied that the agreement was made in good faith and without coercion. The FWC also considered the provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and other employment conditions, and found that they were not contrary to the public interest. Consequently, the FWC approved the enterprise agreement.

The FWC approved the Commercial Installations Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023, effective from 1 July 2020.

Commercial Installations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established