DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fredon Air NSW Ply Ltd
(AG2020/3511)

FREDON AIR NSW PTY LTD ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 DECEMBER 2020

Application for approval of the Fredon Air NSW Ply Ltd On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement to be known as the Fredon Air NSW Ply Ltd On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fredon Air NSW Ply Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 7 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

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

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 20202. The nominal expiry date of the Agreement is 20 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Fredon Air NSW Ply Ltd applied for approval of the On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023. The dispute arose as the applicant company sought to implement the agreement as a certified agreement, with the aim of having it apply to all workers within the specified classification. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 for certification and approval.

The primary legal issues before the Commission were whether the agreement was fairly and properly negotiated, free from any improper influences, and whether it complied with all relevant provisions of the Act. The Commission also needed to consider if the agreement met the criteria for being a genuinely agreed upon enterprise agreement and if it was in the best interests of the workers it covered. Additionally, the Commission had to ensure that the agreement did not disadvantage any worker in a way that was not justified by proper and genuine reasons.

The Commission found that the agreement was fairly and properly negotiated and met all the necessary criteria for certification. The Commission was satisfied that the agreement was genuinely negotiated between the parties, and it did not find any evidence of improper influences or undue pressure. Furthermore, the agreement was deemed to be in the best interests of the workers it covered, providing adequate protections and benefits. The Commission concluded that the agreement complied with all relevant provisions of the Fair Work Act 2009 and did not disadvantage any worker in an unjustified manner.

As a result, the Fair Work Commission approved the On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023, and it will apply to all workers within the specified classification. The Commission's decision was based on the evidence presented and the findings that the agreement was fairly and properly negotiated, genuinely agreed upon, and in the best interests of the workers it covered.

Fredon Air NSW Ply Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established