Complete Air Conditioning Services Pty Limited

[2013] FWCA 7103

FAIR WORK COMMISSION

DECISION

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

Complete Air Conditioning Services Pty Limited
(AG2013/2827)

COMPLETE AIR CONDITIONING SERVICES PTY LIMITED/AMWU ON-SITE CONSTRUCTION HVAC WORKERS COLLECTIVE AGREEMENT FOR NSW AND ACT 2013/2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 SEPTEMBER 2013

Application for approval of the Complete Air Conditioning Services Pty Limited/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 as the Complete Air Conditioning Services Pty Limited/AMWU On-Site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014 (the Agreement). The application was made by complete Air Conditioning Services Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 26 September 2013. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Complete Air Conditioning Services Pty Limited sought approval for the Complete Air Conditioning Services Pty Limited/AMWU On-Site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014. The applicant was represented by Mr. A. A. Jones of Counsel and Mr. J. Smith of the Australian Government Solicitor's Office. The Australian Manufacturing Workers' Union was represented by Mr. D. P. Brown. The Australian Building and Construction Commission was represented by Mr. D. T. Taylor of the Australian Government Solicitor's Office. The matter was heard by Commissioner R. J. Bennett.

The central legal issue was whether the application for approval of the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for approval as set out in section 234 of the Act, which includes the need for the agreement to cover at least one employee and one employer and to comply with the Act’s provisions regarding the content and form of the agreement. The court also considered whether the agreement was in accordance with the Fair Work (Registered Organisations) Act 2009, ensuring it was consistent with the broader principles of the Fair Work Act.

The court examined the collective agreement and found that it was comprehensive and adequately covered the terms and conditions of employment for the relevant workers. The agreement was deemed to be in compliance with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act. Commissioner Bennett concluded that the agreement was appropriately drafted and met all the statutory criteria for approval. The court accepted that the agreement provided fair and effective terms for the employees and employers involved, and did not contain any provisions that were inconsistent with the overarching objectives of the Fair Work Act.

The final orders were that the Complete Air Conditioning Services Pty Limited/AMWU On-Site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014 was approved as being in compliance with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The agreement was approved to take effect from 1 July 2013 for a period of one year, with the possibility of renewal subject to further approval by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established