D&E Air Conditioning Pty Ltd

[2021] FWCA 1206

[2021] FWCA 1206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D&E Air Conditioning Pty Ltd
(AG2021/223)

D&E AIR CONDITIONING PTY LTD & CEPU SOUTH AUSTRALIA, MECHANICAL SERVICES AGREEMENT 2021- 2022

Plumbing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 5 MARCH 2021

Application for approval of the D&E Air Conditioning Pty Ltd & CEPU South Australia, Mechanical Services Agreement 2021-2022.

[1] D&E Air Conditioning Pty Ltd has applied for approval of a greenfields agreement known as the D&E Air Conditioning Pty Ltd & CEPU South Australia, Mechanical Services Agreement 2021-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] D&E Air Conditioning Pty Ltd sought to correct a typographical error in the original application. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) supported this amendment. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it.

[5] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[6] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with CEPU and that the Agreement covers the organisation.

[7] The Agreement was approved on 5 March 2021 and, in accordance with s.54, will operate from 12 March 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

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