Paramount Airconditioning (Aust) Pty Ltd Summary

[2024] FWCA 2873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Paramount Airconditioning (Aust) Pty Ltd

(AG2024/2823)

PARAMOUNT AIRCONDITIONING (AUST) PTY.LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 5 AUGUST 2024

Application for approval of the Paramount Airconditioning (Aust) Pty.Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Paramount Airconditioning (Aust) Pty.Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paramount Airconditioning (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

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.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 40: Compassionate leave.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Paramount Airconditioning (Aust) Pty Ltd for the approval of a new enterprise agreement with the CEPU – Plumbing Division (Vic). The application was made under the Fair Work Act 2009, with the dispute concerning the terms and conditions of employment as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the Fair Work Act, and if it was made in good faith. Additionally, the Commission considered whether the agreement provided for an appropriate balance between the interests of employees and employers, as well as whether it adhered to the principles of procedural fairness.

In delivering its decision, the Commission noted that the agreement contained provisions that were fair and reasonable, including provisions related to wages, working hours, and other employment conditions. The Commission found that the agreement was made in good faith and that it provided for an appropriate balance between the interests of the parties. The Commission also determined that the agreement complied with the statutory requirements and adhered to the principles of procedural fairness. Consequently, the Commission approved the agreement, finding it to be suitable for registration.

The final order of the Commission was that the Paramount Airconditioning (Aust) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 be approved and registered under the Fair Work Act 2009. This decision provides certainty to both the employer and the employees regarding the terms and conditions of their employment for the duration of the agreement.

Paramount Airconditioning (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established