Fredon Air (Vic) Pty Limited

Case [2024] FWCA 2263
[2024] FWCA 2263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fredon Air (Vic) Pty Limited

(AG2024/2043)

FREDON AIR (VIC) PTY LIMITED AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 19 JUNE 2024

Application for approval of the Fredon Air (VIC) Pty Limited and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

  1. Fredon Air (Vic) Pty Limited has made an application for approval of an enterprise agreement known as the Fredon Air (VIC) Pty Limited and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

  1. The Agreement was approved on 19 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE525093  PR776165>

Details
AGLC
Fredon Air (Vic) Pty Limited [2024] FWCA 2263
Case
[2024] FWCA 2263
Decision Date

CaseChat Overview and Summary

Fredon Air (Vic) Pty Limited and the CEPU – Plumbing Division (Vic) have applied to the Fair Work Commission for approval of their Enterprise Agreement for the period 2024 to 2027. The agreement was submitted for approval on the basis that it contained an Australian Fair Pay and Conditions Standard. The legal issues before the Commission were whether the agreement met the requirements for an Australian Fair Pay and Conditions Standard and whether the agreement contained any terms that were unlawful or otherwise not registrable.

The Commission found that the agreement contained a valid Australian Fair Pay and Conditions Standard and that all other terms were lawful and registrable. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for leave, penalty rates, and dispute resolution. The Commission was satisfied that the agreement did not contain any terms that would be detrimental to the employees or contrary to public policy. The Commission approved the agreement, subject to the parties lodging a copy of the agreement with the Commission within 28 days of the decision. The agreement will come into effect on 1 July 2024.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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