DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3201)

GLOBAL AIRCONDITIONING SERVICES PTY LTD T/A GLOBAL AIRCONDITIONING AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 23 MAY 2016

Application for approval of the Global Airconditioning Services Pty Ltd t/a Global Airconditioning and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Global Airconditioning Services Pty Ltd t/a Global Airconditioning and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 is approved and, in accordance with s.54 of the Act, will operate from 30 May 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of the Global Airconditioning Services Pty Ltd t/a Global Airconditioning and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The application was made under section 234 of the Fair Work Act 2009. The company Global Airconditioning Services Pty Ltd operates in the air-conditioning and heating industry, and the union involved is the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute centred on the approval of a collective agreement governing the terms and conditions of employment for employees within the mechanical union division of the company.

The primary legal issue before the court was whether the collective agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement provided for a fair and efficient workplace, was free from any unfair discrimination, and whether the bargaining process was conducted in good faith. The court also had to consider whether the agreement was consistent with the national workplace relations system and the provisions of the Fair Work Act.

The court found that the collective agreement was fair and efficient, as it provided for reasonable terms and conditions that were necessary for the smooth operation of the business. The court concluded that the agreement was free from any unfair discrimination and that the bargaining process was conducted in good faith. The court also found that the agreement was consistent with the national workplace relations system and the provisions of the Fair Work Act. The court approved the collective agreement, subject to certain modifications to address minor procedural irregularities in the bargaining process.

The final orders of the court were that the collective agreement be approved, subject to the modifications made to address the procedural irregularities. The court also ordered that the union and the company take all necessary steps to bring the agreement into effect and to ensure that it was complied with by all parties. The court further ordered that any disputes arising out of the agreement be referred to the Fair Work Commission for resolution.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established