DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P & R Airconditioning Services Pty Ltd
(AG2021/225)

P & R AIRCONDITIONING SERVICES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2021

Application for approval of the P & R Airconditioning Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023.

[1] P & R Airconditioning Services Pty Ltd has made an application for approval of an enterprise agreement known as the P & R Airconditioning Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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.

[2] 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.

[3] The Agreement was approved on 11 February 2021 and, in accordance with s 54, will operate from 18 February 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

P & R Airconditioning Services Pty Ltd, together with the CEPU - Plumbing Division Victorian Branch, applied for approval of their Enterprise Agreement 2019-2023. The application was brought under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The primary dispute was whether the proposed agreement met the requirements of the Act, particularly the provision of adequate minimum entitlements and procedural fairness.

The legal issues that the Commission had to address included whether the agreement provided for appropriate minimum entitlements as stipulated by the Fair Work Act, and whether the agreement was made in accordance with the procedural fairness requirements. Specifically, the Commission needed to determine if the agreement was genuinely negotiated and if the parties had the capacity to do so.

The Commission found that the agreement contained provisions that met or exceeded the minimum entitlements required by the Act. The agreement also demonstrated that it was negotiated in good faith and that the parties had the capacity to negotiate. The Commission was satisfied that the agreement was made in accordance with procedural fairness and did not contain any unfair terms. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the P & R Airconditioning Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019-2023, finding that it met the requirements of the Fair Work Act and was negotiated in good faith. The decision underscores the importance of ensuring that enterprise agreements provide for minimum entitlements and are made in accordance with procedural fairness.

P & R Airconditioning Services 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