DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmac Airconditioning & Mechanical Services Pty Ltd
(AG2016/2931)

PARMAC AIR CONDITIONING & MECHANICAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the Parmac Air conditioning & Mechanical Services 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 Parmac Air conditioning & Mechanical Services 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 Parmac Airconditioning & Mechanical Services 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 31 May 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

The applicant, Parmac Airconditioning & Mechanical Services Pty Ltd, sought approval for the Enterprise Agreement with the CEPU - Plumbing Division Victorian Branch for the period 2016-2019. The application was brought before the Fair Work Commission, which had to determine whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained minimum terms and conditions that were no less favourable than the relevant awards or safety nets. The applicant argued that the agreement was fair and met all the necessary criteria, while the respondent, CEPU - Plumbing Division Victorian Branch, raised concerns about specific provisions within the agreement.

The Commission examined the provisions of the agreement against the relevant awards and safety nets, considering whether the terms and conditions were no less favourable. The Commission found that the agreement contained minimum terms and conditions that were no less favourable than the relevant awards or safety nets, and thus approved the agreement.

The Fair Work Commission approved the Enterprise Agreement between Parmac Airconditioning & Mechanical Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch for the period 2016-2019, deeming it to meet the necessary standards under the Fair Work Act 2009.

Parmac Airconditioning & Mechanical 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