DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M&J Goodchild Airconditioning Pty Ltd
(AG2021/5353)

M&J GOODCHILD AIR CONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2020 - 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2021

Application for approval of the M&J Goodchild Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024.

[1] M&J Goodchild Airconditioning Pty Ltd has made an application for approval of an enterprise agreement known as the M&J Goodchild Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 June 2021 and, in accordance with s 54, will operate from 10 June 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the M&J Goodchild Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024 was heard in the Fair Work Commission. The applicant, M&J Goodchild Airconditioning Pty Ltd, sought approval of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for employees within the company. The dispute centred around whether the proposed agreement complied with the necessary requirements under the Fair Work Act 2009.

The primary legal issue that the court needed to decide was whether the proposed enterprise agreement met the criteria for approval as outlined in the Fair Work Act 2009. This included verifying that the agreement was fairly negotiated, free from coercion or undue influence, and provided for procedural fairness. The court also had to assess whether the agreement included the minimum terms and conditions specified by the Act.

In delivering the decision, the Fair Work Commission examined the negotiation process and the content of the proposed agreement. The Commission found that the agreement was the result of genuine negotiations and was not affected by any form of coercion or undue influence. It was also determined that the agreement contained all the minimum terms and conditions required by the Act. The Commission concluded that the proposed enterprise agreement was fair and met all the statutory requirements for approval. Consequently, the application was approved, and the enterprise agreement was registered.

The Fair Work Commission's decision was to approve the proposed enterprise agreement between M&J Goodchild Airconditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch for the period 2020 - 2024. The agreement was registered and will govern the terms and conditions of employment for the employees within the company for the specified period.

M&J Goodchild Airconditioning 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