DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D & E Airconditioning Pty Ltd T/A D & E Airconditioning
(AG2020/3831)

D & E AIRCONDITIONING PTY LIMITED AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 DECEMBER 2020

Application for approval of the D & E Airconditioning Pty Limited and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023

[1] D & E Airconditioning Pty Ltd T/A D & E Airconditioning has made an application for approval of an enterprise agreement known as the D & E Airconditioning Pty Limited and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, the Commission was advised that the employees were not provided with the voting instructions seven clear days before the vote. In all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 December 2020 and, in accordance with s 54, will operate from 29 December 2020. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by D & E Airconditioning Pty Ltd, trading as D & E Airconditioning, for the approval of their Enterprise Agreement with the CEPU – Plumbing Division Victorian Branch for the period 2019 to 2023. The application was brought to the Fair Work Commission, which was required to assess the agreement under the Fair Work Act 2009. The dispute centred on whether the proposed terms and conditions of employment met the statutory requirements for approval, including fairness and compliance with relevant labour laws.

The primary legal issues the Commission had to decide were whether the agreement was made in accordance with the mandatory requirements of the Act, whether it provided for the safety and welfare of employees, and whether it was fair and reasonable in all its terms. The Commission also needed to consider whether the agreement provided for the proper regulation of terms and conditions of employment, and whether it complied with the provisions relating to the bargaining of enterprise agreements.

In its reasoning, the Commission examined the provisions of the agreement and the process by which it was negotiated and made. It considered the submissions from both parties and the evidence presented regarding the fairness and compliance of the agreement. The Commission found that the agreement was made in good faith and met the necessary criteria for approval. It was satisfied that the agreement provided for the proper regulation of terms and conditions, ensured the safety and welfare of employees, and was fair and reasonable in all its terms. Consequently, the Commission approved the agreement, acknowledging the balanced outcomes achieved through the bargaining process.

The Fair Work Commission approved the D & E Airconditioning Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023, confirming its compliance with the relevant statutory requirements. This decision concluded the application, with the approved agreement to govern the employment terms and conditions of the parties for the specified period.

D & E Airconditioning Pty Ltd T/A D & E Airconditioning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established