John Devilee Refrigeration Pty Ltd T/A Devilee's Air Conditioning and Refrigeration Summary

[2024] FWCA 2948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Devilee Refrigeration Pty Ltd T/A Devilee's Air Conditioning and Refrigeration

(AG2024/2811)

DEVILEE’S AIR CONDITIONING & REFRIGERATION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 9 AUGUST 2024

Application for approval of the Devilee’s Air Conditioning & Refrigeration Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Devilee’s Air Conditioning & Refrigeration Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Devilee Refrigeration Pty Ltd T/A Devilee’s Air Conditioning and Refrigeration. The Agreement is a single enterprise agreement.

The Employer has 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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2024. The nominal expiry date of the Agreement is 8 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by John Devilee Refrigeration Pty Ltd, trading as Devilee's Air Conditioning and Refrigeration, to have the Devilee's Air Conditioning & Refrigeration Enterprise Agreement 2024 approved. The applicant sought to have the agreement certified as meeting the requirements for modern awards and safety net award coverage. The application was opposed by the Australian Manufacturing Workers Union, who raised concerns about the terms of the proposed agreement, particularly those relating to penalty rates and the classification of employees.

The legal issues before the Commission centred on whether the proposed agreement complied with the Fair Work Act 2009, specifically sections concerning the process for application and approval of an enterprise agreement. Key issues included whether the agreement was made in good faith and whether it provided for the proper classification and payment of employees. The Commission also needed to consider if the agreement met the requirement for a majority of employees to have agreed to the terms of the agreement through a proper ballot process.

In delivering its decision, the Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement was made in good faith and that it contained terms and conditions that were fair and reasonable. The Commission was satisfied that the ballot process was conducted properly and that the majority of employees had agreed to the terms of the agreement. The Commission also found that the agreement provided for the proper classification and payment of employees, and that it met the requirements for modern awards and safety net award coverage. Accordingly, the Commission approved the application and certified the Devilee's Air Conditioning & Refrigeration Enterprise Agreement 2024 as meeting the necessary legislative requirements.

John Devilee Refrigeration Pty Ltd T/A Devilee's Air Conditioning and Refrigeration

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established