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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a Mechanical Services Agreement between D&E Air Conditioning Pty Ltd and CEPU South Australia for the years 2021-2022. The matter was brought before the Fair Work Commission, the tribunal responsible for resolving workplace disputes in Australia.

The central legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The applicants sought to have the agreement approved as a registered agreement, which would provide it with certain legal benefits and protections. The Commission needed to determine whether the agreement met the necessary criteria for registration, including that it be in writing, cover employees within the organisation, and be free from any unlawful content.

In its decision, the Commission found that the agreement met the requirements for registration. The applicants had demonstrated that the agreement was in writing and covered all employees within the organisation. The Commission also noted that there were no apparent issues with the content of the agreement, and it did not contain any provisions that would be unlawful under the Fair Work Act. Therefore, the Commission approved the Mechanical Services Agreement as a registered agreement, effective from 1 July 2021 to 30 June 2022.

The Fair Work Commission approved the Mechanical Services Agreement as a registered agreement, effective from 1 July 2021 to 30 June 2022. The agreement provides the parties with certain legal benefits and protections, including the ability to rely on its terms in certain legal proceedings. The approval of the agreement ensures that the terms and conditions of employment for the employees within the organisation are governed by a legally recognised and enforceable document.

D&E Air Conditioning 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