DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pro Air Systems Pty Ltd
(AG2016/3429)

PRO AIR SYSTEMS PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Pro Air Systems Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Pro Air Systems 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 Pro Air Systems 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 22 June 2016 and, in accordance with s.54, will operate from 29 June 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 case of Pro Air Systems Pty Ltd, the applicants sought approval for the Pro Air Systems Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The dispute centred around the fairness and compliance of this agreement with the relevant legislative framework. The matter was heard in the Fair Work Commission, where the primary focus was on the procedural fairness and compliance of the agreement with the applicable laws.

The legal issues that the court had to address included whether the agreement was fairly made and if it adhered to the procedural requirements under the Fair Work Act 2009. Additionally, the court needed to determine whether the agreement contained appropriate provisions for employee representation and if it complied with the standards set by the Fair Work (Registered Organisations) Act 2009. The court also examined if the agreement was necessary to avoid industrial action and if it provided for fair and reasonable terms for the employees.

The court examined the evidence presented by both parties, including the process by which the agreement was negotiated and the contents of the agreement itself. It found that the agreement was fairly made, with proper representation and consultation processes followed. The court concluded that the agreement met the necessary procedural requirements and contained provisions for employee representation. Furthermore, the court determined that the agreement was necessary to avoid industrial action and that it provided for fair and reasonable terms for the employees. The court approved the agreement, finding it to be compliant with the relevant legislation. The approval was granted on the basis that the agreement was fairly made and met the requirements set out in the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

Pro Air Systems 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