DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paramount AirConditioning Pty Ltd
(AG2016/3487)

PARAMOUNT AIRCONDITIONING (AUST) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIA BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the Paramount Airconditioning (Aust) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Paramount Airconditioning (Aust) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 June 2016 and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Paramount Airconditioning (Aust) Pty Ltd sought approval for an enterprise agreement with the CEPU - Plumbing Division Victorian Branch. The application was lodged with the Fair Work Commission, which is tasked with overseeing the approval process for such agreements. Paramount Airconditioning (Aust) Pty Ltd, an employer, and the CEPU - Plumbing Division Victorian Branch, a trade union, had entered into a proposed enterprise agreement for the period 2016 to 2019. Paramount Airconditioning (Aust) Pty Ltd sought the Commission's approval of the agreement under section 231 of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including the "better off overall test" and whether it complied with the "good faith" obligations.

The Commission considered whether the agreement was in the best interests of the employees, taking into account factors such as wages, conditions, and other benefits. The Commission also assessed whether the agreement was made in good faith, considering the bargaining processes and the intentions of the parties. The Commission examined the evidence and submissions provided by both parties and determined that the agreement was fair and reasonable. The Commission found that the agreement met the "better off overall test" and was made in good faith. The Commission approved the Paramount Airconditioning (Aust) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The Fair Work Commission issued its decision on 15 August 2016, approving the agreement and setting out the terms and conditions of employment for the employees covered by the agreement.

Paramount 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