DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ellis Air Conditioning Pty Ltd
(AG2021/4245)

ELLIS AIR CONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2020 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2021

Application for approval of the Ellis Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2023.

[1] 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 Victorian Branch Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

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

[4] The Agreement was approved on 23 March 2021 and, in accordance with s 54, will operate from 30 March 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ellis Air Conditioning Pty Ltd recently had an application for approval of its enterprise agreement with the CEPU - Plumbing Division Victorian Branch before the Fair Work Commission. The application was to approve the Ellis Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2023. The legal issues at hand revolved around whether the agreement complied with the Fair Work Act 2009, particularly concerning the terms and conditions it proposed for the employees of Ellis Air Conditioning Pty Ltd.

The Commission examined the agreement to ensure it met the requirements for "better off overall" and "in good faith" as stipulated by the Fair Work Act. The "better off overall" test required the Commission to determine whether the proposed terms and conditions of the agreement were at least as good as the relevant award or the employees' existing conditions of employment. The "in good faith" test involved assessing whether the agreement was negotiated in good faith and whether the parties had engaged in genuine bargaining. The Commission also considered whether the agreement provided for adequate consultation and whether the process of reaching the agreement was fair and transparent.

In reaching its decision, the Commission highlighted that the proposed agreement included provisions for wage increases, changes to working hours, and other employment conditions. The Commission found that the agreement met the "better off overall" test as it provided employees with improved terms and conditions compared to their existing situation. Additionally, the Commission was satisfied that the agreement was negotiated in good faith, and there was evidence of genuine bargaining and consultation between the parties. Consequently, the Commission approved the Ellis Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2023, confirming its compliance with the statutory requirements.

Ellis 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