DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Croydon Site Installations Pty Ltd
(AG2015/5849)

CROYDON SITE INSTALLATIONS PTY LTD ON-SITE CONSTRUCTION HVAC WORKERS ENTERPRISE AGREEMENT FOR NSW & ACT 2014-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 OCTOBER 2015

Application for approval of the Croydon Site Installations Pty Ltd On-Site Construction HVAC Workers Enterprise Agreement for NSW & ACT 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Croydon Site Installations Pty Ltd On-Site Construction HVAC Workers Enterprise Agreement for NSW & ACT 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schindler Lifts Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 October 2015 and, in accordance with s.54, will operate from 3 November 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Croydon Site Installations Pty Ltd, sought approval of an enterprise agreement for its workers under the Fair Work Act 2009. The dispute arose from the negotiation of the On-Site Construction HVAC Workers Enterprise Agreement for NSW & ACT 2014 - 2017, which the applicant intended to apply to its employees in the heating, ventilation, and air conditioning sectors. The application was brought before the Fair Work Commission, the relevant authority for such matters.

The central legal issues before the Commission were whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the provisions concerning direct and indirect action, if it contained permissible terms and conditions, and if it was free from any provisions that would undermine the protections afforded by the Act. The applicant argued that the agreement was fair and reasonable and did not contravene any statutory requirements.

The Fair Work Commission, after examining the agreement in detail, found that it met the criteria for approval. The Commission noted that the agreement contained provisions that were consistent with the requirements of the Act, including those relating to the terms and conditions of employment, the prohibition of unfair dismissal, and the protection of employee rights. The Commission also found that the agreement did not contain any provisions that would allow for unprotected industrial action or undermine the protections provided by the Act. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the On-Site Construction HVAC Workers Enterprise Agreement for NSW & ACT 2014 - 2017, effective from the date of the decision. The applicant was directed to take all necessary steps to ensure that the agreement was brought into effect and complied with the terms of the approval.

Croydon Site Installations 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