DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coolstream Refrigeration Services Pty Ltd T/A Balanced Air
(AG2018/3708)

BALANCED AIR ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Balanced Air Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Balanced Air Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coolstream Refrigeration Services Pty Ltd T/A Balanced Air. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2018. The nominal expiry date of the Agreement is 23 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coolstream Refrigeration Services Pty Ltd, trading as Balanced Air, applied to the Fair Work Commission for approval of the Balanced Air Enterprise Agreement 2018. The application arose from negotiations between the employer and its employees, represented by a union. The nature of the dispute was to ascertain whether the agreement complied with the requirements of the Fair Work Act 2009 and if it could be approved as a certified agreement.

The legal issues before the court centred on whether the agreement met the criteria for approval under the Fair Work Act. Key concerns included the agreement's compliance with minimum entitlements, the process by which it was negotiated, and whether it contained terms that were contrary to public policy or not genuinely agreed upon by the parties. Additionally, the court had to consider whether the agreement adequately provided for the employees' rights and obligations.

The Fair Work Commission found that the Balanced Air Enterprise Agreement 2018 met all the necessary criteria for approval. The agreement was negotiated in good faith and provided for minimum entitlements as required by law. Furthermore, the terms of the agreement were not found to be contrary to public policy or unfair. As a result, the court approved the agreement as a certified agreement under the Fair Work Act.

The court's final order was the approval of the Balanced Air Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would apply to the employees of Coolstream Refrigeration Services Pty Ltd, trading as Balanced Air. The decision ensured that the employees would benefit from the terms negotiated and provided certainty in their employment conditions.

Coolstream Refrigeration Services Pty Ltd T/A Balanced Air

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established