Commercial Installations Pty Ltd

[2013] FWCA 8780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Commercial Installations Pty Ltd
(AG2013/9814)

COMMERCIAL INSTALLATIONS PTY LTD/AMWU ON-SITE CONSTRUCTION HVAC WORKERS COLLECTIVE AGREEMENT FOR NSW AND ACT 2013-2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 8 NOVEMBER 2013

Application for approval of the Commercial Installations Pty Ltd/AMWU On-Site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe Commercial Installations Pty Ltd/AMWU On-Site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commercial Installations Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Commercial Installations Pty Ltd sought approval for a collective agreement entered into with the Australian Manufacturing Workers' Union (AMWU) governing the terms and conditions of employment for HVAC workers in New South Wales and the Australian Capital Territory for the period 2013-2014. The application was heard by the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the collective agreement was in the public interest, taking into account the Fair Work Act 2009 and the principles of good faith bargaining.

The FWC assessed the agreement against several criteria, including whether it promoted productivity, enterprise flexibility, and efficient workplace relations. The FWC found that the agreement contained provisions that were reasonably necessary to facilitate the efficient and productive operation of the parties' businesses, including provisions for consultation, dispute resolution, and penalties for breaches. The FWC also considered the extent to which the agreement provided for the fair treatment of employees and whether it was consistent with the principles of the national workplace relations system. The FWC determined that the agreement met the criteria for approval and was in the public interest.

The FWC approved the collective agreement, finding that it contained provisions that were reasonably necessary to facilitate the efficient and productive operation of the parties' businesses, promoted good faith bargaining, and provided for the fair treatment of employees. The FWC made an order approving the agreement and directing that it be registered with the Fair Work Ombudsman. The FWC's decision provides guidance to employers and unions on the types of provisions that are likely to be considered necessary and appropriate in a collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established