Fredon Air (NSW) Pty Ltd

[2015] FWCA 7198

[2015] FWCA 7198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon Air (NSW) Pty Ltd
(AG2015/5078)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

“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 an enterprise agreement known as the “Fredon Air (NSW) Pty Ltd” On-Site Construction HVAC Workers Enterprise Agreement for NSW 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fredon Air (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE416243  PR573075>

Annexure A