DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J E Mechanical & Plumbing Services Pty Ltd T/A J E Mechanical – Air Conditioning Contractors Pty Ltd
(AG2015/215)

J. E. MECHANICAL - AIR CONDITIONING CONTRACTORS ENTERPRISE AGREEMENT 2014

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 24 MARCH 2015

Application for approval of the J. E. Mechanical - Air Conditioning Contractors Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the J. E. Mechanical - Air Conditioning Contractors Enterprise Agreement 2014 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J E Mechanical & Plumbing Services Pty Ltd T/A J E Mechanical – Air Conditioning Contractors Pty Ltd.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2015. The nominal expiry date of the Agreement is 30 November 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement, specifically the J. E. Mechanical - Air Conditioning Contractors Enterprise Agreement 2014, which was lodged by J E Mechanical & Plumbing Services Pty Ltd trading as J E Mechanical – Air Conditioning Contractors Pty Ltd. The applicant sought the Fair Work Commission's (FWC) approval of the agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of the proposed agreement and whether they met the legal requirements for approval by the FWC.

The legal issues before the court included whether the enterprise agreement complied with the procedural requirements of the Fair Work Act, whether the agreement was made in good faith and whether the agreement provided for a fair and efficient workplace. Furthermore, the court had to consider if the agreement contained mandatory provisions as required by the Act and whether the process of making the agreement was fair. The primary focus was on the procedural fairness and the adherence to the statutory requirements that govern the making of enterprise agreements.

The court found that the application satisfied all the procedural requirements of the Fair Work Act. It confirmed that the agreement was made in good faith and was fair and efficient. The court also determined that the agreement contained all the mandatory provisions required by the Act. Consequently, the court approved the J. E. Mechanical - Air Conditioning Contractors Enterprise Agreement 2014, recognising its compliance with the statutory framework and the principles of procedural fairness. The decision was grounded in the understanding that the agreement provided a balanced and equitable set of terms and conditions for the employees involved.

J E Mechanical & Plumbing Services Pty Ltd T/A J E Mechanical – Air Conditioning Contractors 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