DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paramount AirConditioning Pty Ltd
(AG2021/5241)

PARAMOUNT AIRCONDITIONING (AUST) PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2020 - 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MAY 2021

Application for approval of the Paramount Airconditioning (Aust) Pty Ltd and CEPU- Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024.

[1] Paramount AirConditioning Pty Ltd has made application for approval of an enterprise agreement known as the Paramount Airconditioning (Aust) Pty Ltd and CEPU- Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 May 2021 and, in accordance with s 54, will operate from 3 June 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

The matter before the Fair Work Commission involved an application by Paramount AirConditioning Pty Ltd for the approval of their enterprise agreement with the CEPU-Plumbing Division Victorian Branch for the period 2020-2024. Paramount AirConditioning Pty Ltd is an employer engaged in the air conditioning services industry, while the CEPU-Plumbing Division Victorian Branch represents the interests of its employees. The primary dispute centred around whether the terms and conditions of the proposed agreement complied with the requirements of the Fair Work Act 2009 and met the minimum standards set by the Fair Work Commission.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions as prescribed under the relevant awards, whether it allowed for flexibility in work arrangements, and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission needed to determine if the agreement was made in good faith and if it provided for procedural fairness. The Commission also examined the bargaining process to ensure it was genuine and that the agreement was not made under duress.

In reaching its decision, the Commission considered the terms of the proposed agreement, the submissions made by both parties, and the evidence provided. The Commission found that the agreement provided for the minimum rates of pay and conditions in accordance with the relevant awards. It also noted that the agreement allowed for flexibility in work arrangements and included appropriate dispute resolution mechanisms. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the bargaining process was genuine and free from any coercion. As a result, the Commission approved the Paramount Airconditioning (Aust) Pty Ltd and CEPU-Plumbing Division Victorian Branch Enterprise Agreement 2020-2024.

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