DECISION

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

Crest Air Conditioning Pty Ltd T/A Crest Air Conditioning
(AG2020/2884)

CREST AIR CONDITIONING PTY LTD ENTERPRISE AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 21 OCTOBER 2020

Application for approval of the CREST AIR CONDITIONING PTY LTD ENTERPRISE AGREEMENT 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Crest Air Conditioning Pty Ltd Enterprise Agreement 2020 (‘the Agreement’). The application was made by Crest Air Conditioning Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crest Air Conditioning Pty Ltd, trading as Crest Air Conditioning, applied to the Fair Work Commission for approval of their Enterprise Agreement 2020. The dispute involved the terms and conditions of employment for the employees within the scope of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it included the necessary minimum entitlements, and if it was made in good faith. Furthermore, the Commission had to consider whether the agreement met the statutory requirements for independent employee representation and whether the agreement complied with the public interest considerations.

The Commission found that the proposed Enterprise Agreement 2020 met all the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, included all the required minimum entitlements, and was made in good faith. The independent employee representation and public interest considerations were also satisfied. Consequently, the Commission approved the application for the Enterprise Agreement 2020 to be registered.

The Fair Work Commission approved the application for the Enterprise Agreement 2020 to be registered, effective from the date of registration. This decision was based on the findings that the agreement met all statutory requirements and provided for fair and reasonable terms and conditions for the employees involved.

Crest Air Conditioning Pty Ltd T/A Crest Air Conditioning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established