DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D&E Air Conditioning Pty Ltd
(AG2016/3821)

D. & E. AIR CONDITIONING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the D. & E. Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the D. & E. Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D&E Air Conditioning 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Court concerned an application for the approval of the D. & E. Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The dispute centred on the fairness and content of the proposed agreement, which was submitted by the employer, D. & E. Air Conditioning Pty Ltd, in accordance with the Fair Work Act 2009. The union involved, CEPU - Plumbing Division Victorian Branch, raised concerns regarding certain provisions of the agreement, specifically those pertaining to the classification of employees, pay rates, and conditions of employment.

The primary legal issues the Court had to address were whether the proposed enterprise agreement was fair and appropriate, and if it complied with the statutory requirements outlined in the Fair Work Act 2009. This involved scrutinising the agreement to ensure it adhered to the "better off overall test," which mandates that the agreement must not be worse for employees than their previous conditions or the applicable award. Additionally, the Court had to consider whether the agreement provided adequate protections for employees' rights and entitlements.

The Court determined that the proposed agreement met the statutory requirements and was fair and appropriate. The Court found that the agreement provided for a balanced approach to the interests of both the employer and employees, and it did not disadvantage employees in comparison to their previous conditions or the relevant award. The Court also considered the parties' bargaining positions and the process by which the agreement was negotiated, concluding that the agreement was genuinely negotiated and not imposed on the employees. As a result, the Court approved the D. & E. Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

As the Court approved the agreement, it will now be binding on both parties, and the terms and conditions outlined in the agreement will govern the employment relationship between D. & E. Air Conditioning Pty Ltd and the union. The agreement will be in effect from the date of the Court's approval and will remain in force until the end of the specified period, or until it is replaced by a new enterprise agreement or a variation is approved by the Court.

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