DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M. & J. Goodchild Air Conditioning Pty Ltd
(AG2016/3165)

M & J GOODCHILD AIRCONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 25 MAY 2016

Application for approval of the M & J GOODCHILD AIRCONDITIONING PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the M & J GOODCHILD AIRCONDITIONING PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M. & J. Goodchild Air Conditioning 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were M. & J. Goodchild Air Conditioning Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The dispute was about the approval of an enterprise agreement under the Fair Work Act 2009. The case was heard in the Fair Work Commission. The central legal issue was whether the agreement met the requirements of section 230 of the Act, which mandates that an enterprise agreement must be approved if it provides for fair and reasonable terms and conditions, including pay and other benefits.

The court considered whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The applicant argued that the agreement was fair and reasonable and had been made in good faith. The respondent contested the application, arguing that the agreement did not meet the requirements of the Act. The court examined the provisions of the agreement and found that it provided for fair and reasonable terms and conditions, including pay and other benefits. The court also found that the agreement had been made in good faith.

Based on the evidence and arguments presented, the court approved the enterprise agreement. The court found that the agreement met the requirements of section 230 of the Act and was fair and reasonable. The court also found that the agreement had been made in good faith. The final orders of the court were that the enterprise agreement be approved and registered. The court's decision provides guidance for employers and employees in the plumbing industry in Victoria when negotiating and approving enterprise agreements.

M. & J. Goodchild Air Conditioning 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