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

Annexure A

CaseChat Overview and Summary

Fredon Air (NSW) Pty Ltd recently faced a legal dispute in the Fair Work Commission. The respondent, Fredon Air, was involved in an industrial matter concerning the On-Site Construction HVAC Workers Enterprise Agreement for NSW 2014-2017. The applicant, a union, argued that the enterprise agreement was not compliant with certain statutory provisions.

The primary legal issues before the Commission were whether the enterprise agreement adequately met the requirements of the Fair Work Act 2009. Specifically, the applicant contended that the agreement failed to provide for proper pay rates and conditions for certain workers, and did not sufficiently address issues of flexibility and fairness in the workplace. The Commission needed to determine whether the agreement complied with the Act and if any sections were invalid due to non-compliance.

The Commission carefully examined the provisions of the agreement and the legislative framework. It found that while most of the agreement was in line with the statutory requirements, there were certain sections that did not meet the necessary standards. The agreement did not adequately address the pay rates and conditions for all workers as required by the Act. Consequently, the Commission ruled that these sections were invalid. However, the rest of the agreement was deemed compliant and enforceable. The Commission also noted that the agreement demonstrated a good faith effort to balance the interests of both employers and employees.

In its decision, the Commission invalidated the specific sections of the enterprise agreement that did not comply with the Fair Work Act 2009. The rest of the agreement remained in effect, as it met the statutory requirements. This ruling ensures that the enterprise agreement provides a fair and balanced framework for the employment conditions of the HVAC workers in the On-Site Construction industry in New South Wales.

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