Crest Air Conditioning Pty Ltd

[2013] FWCA 1655

FAIR WORK COMMISSION

DECISION

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

Crest Air Conditioning Pty Ltd
(AG2013/301)

CREST AIRCONDITIONING PTY LTD CERTIFIED AGREEMENT

Plumbing industry
COMMISSIONER BULL	SYDNEY, 18 MARCH 2013

Application for approval of the CREST AIR CONDITIONING PTY LTD CERTIFIED AGREEMENT.

[1] An application has been made for approval of an enterprise agreement known as the CREST AIR CONDITIONING PTY LTD CERTIFIED AGREEMENT (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] An undertaking with respect to clause 9 - Dispute procedure, applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[3] An undertaking with respect to clause 20 - Hours of work, and in particular, the ordinary days of work, has been provided by the Applicant.

[4] An undertaking with respect to clause 21 - Annual leave, and in particular subclause 21.1.3, cashing out of annual leave, has been provided by the Applicant.

[5] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[6] The Agreement covers the employer’s construction site installation employees, including mechanical plumbers, mechanical service workers and apprentices. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 25 March 2013. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crest Air Conditioning Pty Ltd sought approval of a certified agreement from the Fair Work Commission. The agreement in question was made between the employer and the employees, and it was brought before the Commission to ensure compliance with the Fair Work Act 2009. The legal issues before the Commission involved assessing whether the agreement complied with the relevant provisions of the Act, specifically if it met the requirements for a certified agreement, including whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the agreement to determine if it met the criteria set out in the Fair Work Act. This involved considering whether the agreement covered all employees within the scope of the application, whether the terms and conditions were fair and reasonable, and if the agreement included adequate protections for employees, including minimum wages and conditions. The Commission also considered the process by which the agreement was made, ensuring it was negotiated in good faith and involved genuine consultation between the parties.

Upon reviewing the agreement, the Commission found that it met the necessary criteria under the Fair Work Act. The agreement provided for fair and reasonable terms and conditions, and it covered all relevant employees. The Commission was satisfied with the process of negotiation and consultation, and it concluded that the agreement was made in good faith. Consequently, the Fair Work Commission approved the Crest Air Conditioning Pty Ltd Certified Agreement, confirming its validity and enforceability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established