DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HVAC Queensland Pty Ltd
(AG2016/1622)

HVAC QUEENSLAND PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the HVAC Queensland Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the HVAC Queensland Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HVAC Queensland Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 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.

[3] 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.

[4] The Agreement was approved on 28 July 2016 and, in accordance with s.54, will operate from 4 August 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, HVAC Queensland Pty Ltd applied for approval of the HVAC Queensland Pty Ltd Ichthys Onshore Construction Enterprise Agreement. The applicant and respondents were HVAC Queensland Pty Ltd, and various unions including the Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union. The unions represented employees who were covered by the proposed agreement. The unions opposed the application on several grounds, primarily arguing that the agreement did not meet the requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement was a "single interest" enterprise agreement, whether it had been genuinely negotiated, and whether it satisfied the "better off overall test". The Commission considered the evidence presented by both parties, including the process of negotiation and the terms of the agreement. It examined whether the agreement fairly reflected the interests of the employees and whether it was better than the existing awards or agreements.

After considering the evidence, the Commission found that the agreement was a genuine enterprise agreement, negotiated in good faith and meeting the requirements of the Act. The Commission held that the agreement was preferable to the existing awards, as it provided better pay and conditions for the employees. The Commission was satisfied that the agreement would be better off overall for the employees, as it included improvements in wages, leave provisions, and other entitlements. Consequently, the Commission approved the agreement, finding that it met all the necessary criteria.

The final orders included the approval of the HVAC Queensland Pty Ltd Ichthys Onshore Construction Enterprise Agreement, which would now apply to the employees covered by the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the date specified in the agreement. The decision provided clarity for the parties involved and established the terms under which the employees would be governed moving forward.

HVAC Queensland 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