DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crest Air Conditioning Pty Ltd
(AG2016/4403)

CREST AIR CONDITIONING PTY LTD ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 AUGUST 2016

Application for approval of the Crest Air Conditioning Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Crest Air Conditioning Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crest Air Conditioning Pty Ltd T/As Crest Air Conditioning. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 26 August 2016 and, in accordance with s.54, will operate from 2 September 2016. The nominal expiry date of the Agreement is 26 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crest Air Conditioning Pty Ltd applied for approval of the Crest Air Conditioning Pty Ltd Enterprise Agreement 2016 before the Fair Work Commission. The application was made by the company, which sought to have the agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union, recognised as a protected action agreement. The union opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009.

The court was required to determine whether the agreement complied with the provisions of the Fair Work Act, including the requirement that it provide for a direct benefit to the employees covered by the agreement. The court also had to consider whether the agreement was in the interests of the employees and whether it was appropriate to approve the agreement in light of the union's opposition.

In delivering the decision, the commission noted that the agreement provided for a direct benefit to employees in the form of pay increases and improved leave entitlements. The commission also found that the agreement was in the interests of the employees, as it provided for improved working conditions and greater job security. Despite the union's opposition, the commission was satisfied that the agreement met the requirements of the Fair Work Act and was appropriate to be approved.

The court approved the Crest Air Conditioning Pty Ltd Enterprise Agreement 2016, finding that it provided a direct benefit to employees and was in their interests. The court also noted that the agreement was an appropriate means of resolving the dispute between the parties and promoting industrial peace and harmony. The union's opposition was not sufficient to prevent the approval of the agreement.

Crest Air Conditioning Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established