Complex Airconditioning Pty Ltd

[2013] FWCA 6084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complex Airconditioning Pty Ltd
(AG2013/8610)

COMPLEX AIRCONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) BORDER ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 23 AUGUST 2013

Application for approval of the Complex Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) Border Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Complex Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) Border Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Complex Airconditioning Pty Ltd.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 August 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Complex Airconditioning Pty Ltd and the CEPU - Plumbing Division (Vic) seeking approval for their 2013-2016 Enterprise Agreement from the Fair Work Commission. The agreement was aimed at regulating the terms and conditions of employment for employees within the specified period. The legal dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues that the Fair Work Commission had to address were whether the Enterprise Agreement was a "good faith" agreement and whether it met the "better off overall test." The "good faith" requirement mandates that the agreement be negotiated genuinely and in good faith. The "better off overall test" ensures that the agreement provides employees with at least the same terms and conditions as those they would have received under the applicable award or registered agreement.

In deliberating on these issues, the Fair Work Commission examined the negotiation process, the content of the agreement, and its impact on the employees. The Commission found that the negotiation process was conducted in good faith and that the agreement met the better off overall test. It was determined that the agreement provided employees with at least the same terms and conditions as those under the relevant award or registered agreement, and in some cases, it offered improved conditions. Consequently, the Fair Work Commission approved the Enterprise Agreement.

The Fair Work Commission's approval of the Enterprise Agreement meant that it was now legally binding between the employer and the employees, and it would govern the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established