DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ellis Air Conditioning Pty Ltd
(AG2016/3290)

ELLIS AIR CONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019 (AGREEMENT)

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 31 MAY 2016

Application for approval of the Ellis 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 Ellis 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 Ellis 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 7 June 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

Ellis Air Conditioning Pty Ltd applied for the approval of the Ellis Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission, with Shane Marshall as the Deputy President. The dispute involved the terms and conditions of employment for employees of Ellis Air Conditioning Pty Ltd, who were members of the CEPU - Plumbing Division Victorian Branch.

The legal issues before the court included whether the enterprise agreement met the requirements under the Fair Work Act 2009, particularly concerning the process by which it was negotiated and agreed upon, and whether it provided for fair and reasonable terms and conditions of employment. The court had to determine if the agreement was genuinely negotiated, free from any coercion or undue influence, and if it covered all essential matters stipulated in the Act.

The Deputy President found that the agreement was genuinely negotiated and not the result of any undue influence or coercion. The court concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that all procedural requirements under the Fair Work Act 2009 had been satisfied. Consequently, the application for approval was granted.

The Fair Work Commission approved the Ellis Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. This decision confirmed the agreement as a legally binding instrument governing the employment conditions of the relevant employees.

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