DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon Air (Vic) Pty Ltd
(AG2021/4489)

FREDON AIR (VIC) PTY LTD T/A ALLSTAFF AIRCONDITIONING AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2020 - 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 APRIL 2021

Application for approval of the Fredon Air (Vic) Pty Ltd t/a Allstaff Airconditioning and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024.

[1] Fredon Air (Vic) Pty Ltd has made an application for approval of an enterprise agreement known as the Fredon Air (Vic) Pty Ltd t/a Allstaff Airconditioning and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 April 2021 and, in accordance with s 54, will operate from 16 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Fredon Air (Vic) Pty Ltd t/a Allstaff Airconditioning and the CEPU – Plumbing Division Victorian Branch for the approval of their proposed enterprise agreement for the period 2020 to 2024. The dispute centred around the terms of the agreement, specifically whether they met the statutory requirements under the Fair Work Act 2009. The Commission was tasked with assessing the fairness and compliance of the proposed agreement with the legislative framework.

The key legal issues before the Commission included whether the agreement provided for a fair and reasonable minimum wages, conditions, and entitlements for the employees, and whether the agreement complied with the relevant provisions of the Fair Work Act. The Commission also needed to determine if the agreement had been genuinely negotiated and if it was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement adequately addressed the needs of both the employer and the employees, ensuring a balanced and fair outcome.

In reaching its decision, the Fair Work Commission examined the provisions of the Fair Work Act and the principles of good faith bargaining. The Commission considered the submissions from both parties, the nature of the proposed terms, and the context of the industry. The Commission found that the proposed agreement provided for fair and reasonable minimum wages and conditions that were consistent with the relevant industry standards. The Commission also determined that the agreement had been genuinely negotiated and was in the best interests of the employees. Consequently, the Commission approved the Fredon Air (Vic) Pty Ltd t/a Allstaff Airconditioning and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024, finding it to be compliant with the statutory requirements.

The final orders of the Commission were that the proposed enterprise agreement be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and enforceable from the date of the Commission's decision, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the employer and the employees for the specified period.

Fredon Air (Vic) 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