Goodchild Air Pty Ltd

[2024] FWCA 2816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goodchild Air Pty Ltd

(AG2024/2740)

GOODCHILD AIR PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 31 JULY 2024

Application for approval of the Goodchild Air Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Goodchild Air Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goodchild Air Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Goodchild Air Pty Ltd, the applicant, sought approval of a new enterprise agreement with CEPU – Plumbing Division (Vic). The agreement, spanning from 2024 to 2027, was the subject of a dispute regarding its compliance with the Fair Work Act 2009. The applicant argued that the proposed terms and conditions were fair and reasonable, while the respondent, CEPU, raised concerns about certain provisions.

The primary legal issue before the Commission was whether the proposed agreement met the requirements under the Fair Work Act, including whether it was made in good faith and if it provided for fair and reasonable terms and conditions. The Commission also needed to determine if the agreement was consistent with the "better off overall test" and whether it adhered to the principles of procedural fairness. The court had to consider submissions from both parties and assess the balance of interests in the context of the enterprise's specific circumstances.

After careful consideration of the evidence and submissions, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission concluded that the agreement was made in good faith and met the statutory requirements under the Fair Work Act. The Commission also determined that the agreement complied with the better off overall test and adhered to the principles of procedural fairness. Consequently, the application for approval of the Goodchild Air Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 was approved.

The Fair Work Commission ordered that the agreement be approved and registered, effective from the date of the decision. The terms and conditions outlined in the agreement would govern the employment relationship between Goodchild Air Pty Ltd and CEPU – Plumbing Division (Vic) for the specified period. The decision provided clarity on the compliance and enforceability of the agreement, ensuring that both parties would be bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established