Damday Pty Ltd T/A Australian Air-Conditioning and Mechanical Services

[2018] FWCA 405

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Damday Pty Ltd T/A Australian Air-Conditioning and Mechanical Services

(AG2017/6079)

Australian Air-Conditioning & Mechanical Services Enterprise Agreement 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 19 JANUARY 2018

Application for approval of the Australian Air-Conditioning & Mechanical Services Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Australian Air-Conditioning & Mechanical Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Damday Pty Ltd T/A Australian Air-Conditioning and Mechanical Services. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 18 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Damday Pty Ltd trading as Australian Air-Conditioning and Mechanical Services, applied to the Fair Work Commission for the approval of the Australian Air-Conditioning & Mechanical Services Enterprise Agreement 2017. The application was contested by the Australian Mechanical Engineers Union, who argued that certain provisions of the agreement were unfair to employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement adequately protected employee rights and interests, and if it contained provisions that could be deemed unfair under the statutory framework. Specific concerns raised by the union included the classification of certain employees, the definition of shift work, and the terms governing penalty rates and overtime. The Commission needed to carefully scrutinise these provisions to ensure they complied with the relevant legislative standards.

In evaluating the agreement, the Fair Work Commission considered the definitions and classifications of employees, the implications of shift work definitions, and the fairness of penalty rates and overtime terms. The Commission found that while some provisions raised legitimate concerns, overall, the agreement provided a fair and reasonable framework for the employment relationship. The union's objections were largely addressed through minor amendments to the agreement, ensuring compliance with the statutory requirements. Consequently, the Commission approved the agreement with the stipulated modifications.

The final orders of the Commission included the approval of the Australian Air-Conditioning & Mechanical Services Enterprise Agreement 2017, subject to the amendments made to address the union's concerns. These amendments were designed to ensure the agreement met all necessary legislative standards and provided a fair and reasonable framework for the employment relationship. The union's right to object to the approval was upheld, and the Commission's decision was communicated to all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established