Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated T/A PEER VEET

[2021] FWCA 7300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated T/A PEER VEET
(AG2021/8646)

PEER APPRENTICE AND TRAINEE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 24 DECEMBER 2021

Application for approval of the PEER Apprentice and Trainee Enterprise Agreement 2021.

[1] Plumbing, Electrical, Electronic and Refrigeration Vocational Education, Employment and Training Incorporated T/A PEER VEET has applied for approval of a single enterprise agreement known as the PEER Apprentice and Trainee Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 31 December 2021. The nominal expiry date of the Agreement is 1 October 2025.

[5] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

The parties involved in this case were PEER VEET and the Fair Work Commission (FWC). The dispute centred on the approval of the PEER Apprentice and Trainee Enterprise Agreement 2021. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application for approval was brought before the FWC, which needed to decide on several legal issues, including whether the agreement had been genuinely bargained for by the parties, if it contained only permissible provisions, and if the agreement met the statutory requirements for fair and equitable terms and conditions.

The FWC examined the negotiation process and found that the agreement had been genuinely bargained for by both parties, with evidence of good faith negotiations. The Commission also evaluated the provisions of the agreement to ensure they were within the bounds of permissible content as stipulated by the Fair Work Act. Furthermore, the FWC considered whether the terms and conditions in the agreement were fair and reasonable, taking into account the interests of both employers and employees. The Commission's analysis was thorough, balancing the rights of the parties and the broader economic and social context.

Upon careful consideration, the FWC concluded that the PEER Apprentice and Trainee Enterprise Agreement 2021 met the legal requirements for approval. The Commission was satisfied that the agreement had been genuinely negotiated, contained permissible provisions, and provided fair and equitable terms and conditions for apprentices and trainees. Consequently, the FWC approved the agreement, ensuring it would now serve as the basis for the employment terms and conditions of the relevant workforce.

The FWC's decision resulted in the formal approval of the PEER Apprentice and Trainee Enterprise Agreement 2021, effective from the date of the decision. This approval provided certainty and stability for both employers and employees in the plumbing, electrical, electronic, and refrigeration industries, ensuring that the terms and conditions of employment were fair and in line with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established