M.V.O. AIRCONDITIONING Pty Ltd

[2013] FWCA 401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

M.V.O. AIRCONDITIONING Pty Ltd
(AG2012/13119)

MVO AIRCONDITIONING PTY LTD ENTERPRISE AGREEMENT 2012

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 29 JANUARY 2013

Application for approval of the MVO Airconditioning Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the MVO Airconditioning Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M.V.O. AIRCONDITIONING Pty Ltd. The agreement is a single-enterprise agreement.

[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 5 February 2013. The nominal expiry date of the Agreement is 28 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, M.V.O. Airconditioning Pty Ltd, sought approval of the MVO Airconditioning Pty Ltd Enterprise Agreement 2012. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The respondent, a union, opposed the application on the grounds that the agreement did not adequately protect employees' rights and conditions of employment.

The legal issues before the court were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the court needed to determine if the agreement was made in good faith and if it had been properly certified as a single interest employer agreement. Substantively, the court had to assess if the agreement contained the minimum terms and conditions required by the Act, including the preservation of employees' rights and entitlements.

The court found that the agreement was made in good faith and was properly certified as a single interest employer agreement. It determined that the agreement met all the minimum terms and conditions required by the Act. The court was satisfied that the agreement preserved employees' rights and provided for fair and reasonable terms of employment. Consequently, the court approved the agreement.

The Fair Work Commission approved the MVO Airconditioning Pty Ltd Enterprise Agreement 2012, finding it compliant with the Fair Work Act. The agreement was deemed to be made in good faith and properly certified, and it contained all the required minimum terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established