DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific HVAC Engineering Pty Ltd
(AG2016/3399)

AMWU AND THE PACIFIC HVAC ENGINEERING PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the AMWU and the PACIFIC HVAC ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the PACIFIC HVAC ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific HVAC Engineering 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Pacific HVAC Engineering Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The AMWU sought approval of the PACIFIC HVAC ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2016, which was intended to cover employees of Pacific HVAC Engineering Pty Ltd. The nature of the dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for approval as a registered agreement.

The legal issues before the Commission were whether the agreement was a genuine bargain between the employer and the employees, whether the agreement contained the necessary minimum terms and conditions, and whether it was consistent with the Fair Work Act. Additionally, the Commission had to consider whether the agreement complied with the process requirements for approval as a registered agreement.

The Fair Work Commission, in its decision, determined that the agreement was a genuine bargain as it was negotiated between the employer and the union, and it contained all the required minimum terms and conditions. The Commission found that the agreement was consistent with the Fair Work Act and did not contain any provisions that would render it unenforceable. The Commission also concluded that the process for seeking approval of the agreement was properly followed, and that the AMWU had adequately informed and consulted its members about the agreement.

The Commission approved the PACIFIC HVAC ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2016, registering it as a registered agreement under the Fair Work Act. The agreement, therefore, became a legally binding contract between Pacific HVAC Engineering Pty Ltd and the employees covered by the agreement.

Pacific HVAC Engineering 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