DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fredon Air (NSW) Pty Ltd
(AG2017/6255)

“FREDON AIR (NSW) PTY LTD” ON-SITE CONSTRUCTION HVAC WORKERS ENTERPRISE AGREEMENT FOR NSW 2014 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JANUARY 2018

Application for variation of the “Fredon Air (NSW) Pty Ltd” On-Site Construction HVAC Workers Enterprise Agreement for NSW 2014 - 2017.

[1] An application has been made for approval of a variation to the “Fredon Air (NSW) Pty Ltd” On-Site Construction HVAC Workers Enterprise Agreement for NSW 2014 - 2017 (the Agreement). The application was made by Fredon Air (NSW) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 21 October 2015. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 30 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredon Air (NSW) Pty Ltd applied to the Fair Work Commission to vary the On-Site Construction HVAC Workers Enterprise Agreement for NSW 2014-2017, which governs the employment terms and conditions of its employees. The applicant sought changes to the agreement to accommodate business needs and to ensure the agreement remained fair and reasonable. The respondents to the application were the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the NSW Office of Industrial Relations.

The legal issues before the Commission were whether the proposed changes to the enterprise agreement were fair and reasonable, and whether they complied with the criteria set out in the Fair Work Act 2009. The Commission had to consider whether the changes would result in employees being paid less than the applicable award rate, whether they would unfairly disadvantage employees, and whether they were necessary to allow the employer to meet its business needs.

After considering the evidence and submissions from the parties, the Commission found that the proposed changes to the enterprise agreement were fair and reasonable. The Commission noted that the changes were necessary to allow the employer to meet its business needs, and that they did not result in employees being paid less than the applicable award rate or unfairly disadvantaging employees. The Commission also found that the changes were consistent with the objectives of the Fair Work Act.

The Commission varied the enterprise agreement as sought by the applicant. The varied agreement will apply from the date of the decision and will remain in force until the end of the original agreement period, or until a new agreement is made.

Fredon Air (NSW) 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