JJ Air Conditioning Installations Pty Ltd T/A JJ Air Conditioning Installations Pty Ltd

[2023] FWCA 2006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

JJ Air Conditioning Installations Pty Ltd T/A JJ Air Conditioning Installations Pty Ltd

(AG2023/1974)

JJ AIR CONDITIONING INSTALLATIONS PTY LTD & CEPU SOUTH AUSTRALIA MECHANICAL SERVICES AGREEMENT 2023

Plumbing industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 30 JUNE 2023

Application for approval of the JJ Air Conditioning Installations Pty Ltd & CEPU South Australia Mechanical Services Agreement 2023

Introduction

JJ Air Conditioning Installations Pty Ltd Trading As JJ Air Conditioning Installations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the JJ Air Conditioning Installations Pty Ltd & CEPU South Australia Mechanical Services Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made after 6 June 2023.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

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.

In accordance with s.201(2), I note that the Agreement covers the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2023. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

JJ Air Conditioning Installations Pty Ltd, trading as JJ Air Conditioning Installations Pty Ltd, sought approval of an agreement with CEPU South Australia Mechanical Services. The dispute centred on whether the agreement met the criteria for approval under the relevant legislation. The application was heard in the Fair Work Commission. The primary legal issue was whether the agreement provided adequate protections and benefits to the employees, aligned with the objectives of the Fair Work Act 2009.

The Commission examined the agreement to ensure it adhered to the provisions of the Fair Work Act and provided fair and reasonable terms for the employees. Key considerations included whether the agreement addressed minimum wages, penalty rates, leave entitlements, and other employment conditions in line with award standards. The Commission also assessed if the agreement included dispute resolution mechanisms that were accessible and fair. The fairness and reasonableness of the agreement were determined by comparing it to the relevant awards and the broader principles of industrial fairness.

The Commission concluded that the agreement met the necessary criteria for approval. It found that the agreement provided for wages and conditions that were not less favourable than the applicable awards and included appropriate dispute resolution processes. The Commission's decision was based on a detailed analysis of the agreement's provisions and their alignment with the statutory requirements and industrial standards. The approval of the agreement was granted, allowing it to be registered and enforceable under the Fair Work Act.

The final order was that the JJ Air Conditioning Installations Pty Ltd & CEPU South Australia Mechanical Services Agreement 2023 be approved and registered. This decision ensured that the agreement would govern the employment terms and conditions of the parties in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established