Ellis Air Conditioning Pty Ltd

[2024] FWCA 2018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ellis Air Conditioning Pty Ltd

(AG2024/1768)

ELLIS AIR CONDITIONING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2024

Application for approval of the Ellis Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Ellis Air Conditioning Pty Ltd has made an application for approval of an enterprise agreement known as the Ellis Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 3 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) recently considered an application for the approval of the Ellis Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The matter arose under the Fair Work Act 2009, where the FWC has jurisdiction to approve enterprise agreements that meet certain criteria, including compliance with the safety net provisions and other relevant legislative standards. The dispute involved the terms and conditions of employment for employees working within the specified agreement, and the application was brought forth to ensure these terms are fair and comply with the statutory requirements.

The primary legal issue before the FWC was whether the agreement met the necessary standards for approval under the Act. This included ensuring that the agreement provided for a safety net of minimum wages and conditions, and that it did not undermine the right of employees to be protected against unfair dismissal. Additionally, the FWC had to consider whether the agreement had been made in good faith, without any coercion or duress, and whether it allowed for adequate employee representation and consultation. These factors were crucial in determining whether the agreement could be approved.

In its decision, the FWC examined the provisions of the agreement and assessed them against the statutory benchmarks. The Commission found that the agreement provided for a safety net that was no less favourable than the relevant award, thus satisfying the minimum standards set by the Fair Work Act. Furthermore, the FWC was satisfied that the agreement had been made in good faith and allowed for proper employee representation and consultation. The Commission also noted that the agreement contained provisions for the resolution of disputes and the protection of employees against unfair dismissal, aligning with the statutory protections. Based on these findings, the FWC approved the agreement.

The final orders of the FWC were to approve the Ellis Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of approval. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally recognised and enforceable, providing clarity and stability for both the employer and the employees. The approval reflects the FWC's role in overseeing the fairness and compliance of enterprise agreements within the Australian industrial relations framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established