D&E Air Conditioning Pty Ltd

[2024] FWCA 2360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D&E Air Conditioning Pty Ltd

(AG2024/2188)

D&E AIR CONDITIONING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2024

Application for approval of the D&E Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

D&E Air Conditioning Pty Ltd has made an application for approval of an enterprise agreement known as the D&E Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 25 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of an enterprise agreement between D&E Air Conditioning Pty Ltd and the CEPU – Plumbing Division (Vic) for the period of 2024 to 2027. The application was brought before the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The primary dispute centred around whether the proposed agreement complied with the legislative requirements and whether it provided for appropriate terms and conditions for employees.

The key legal issues that the Commission had to resolve were whether the agreement met the criteria for approval as stipulated in the Fair Work Act, specifically whether it contained the necessary provisions regarding minimum wages and conditions, and whether it had been fairly negotiated. Additionally, the court had to consider whether the agreement adequately covered all necessary matters, including employment terms, workplace relations, and any other relevant provisions as required by the Act.

In making its decision, the Commission examined the contents of the proposed agreement in detail, assessing whether it provided for fair and reasonable terms that complied with the statutory minimum standards. The Commission noted that the agreement included provisions for wages, leave entitlements, and other employment conditions that aligned with the requirements of the Act. It was also satisfied that the agreement had been negotiated in good faith and that it contained all the necessary matters as required by law. Consequently, the Commission approved the agreement, finding that it met all the legal criteria for approval.

The final orders of the Commission were that the D&E Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 be approved as a certified agreement under the Fair Work Act, effective from the date of the Commission’s decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties and will govern the employment relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established