DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pro - Vent HVAC Solutions Pty Ltd
(AG2021/290)

PRO – VENT HVAC SOLUTIONS PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the Pro - Vent HVAC Solutions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023.

[1] Pro-Vent HVAC Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Pro-Vent HVAC Solutions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023 (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 17 February 2021 and, in accordance with s 54, will operate from 24 February 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

Pro-Vent HVAC Solutions Pty Ltd sought approval of the Pro - Vent HVAC Solutions Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023. The application was made to the Fair Work Commission. The dispute concerned the validity and enforceability of the agreement, particularly regarding its compliance with the relevant industrial laws and its coverage of employees. The legal issues before the court involved determining whether the agreement met the requirements for endorsement under the Fair Work Act 2009 and if it appropriately represented the interests of both the employer and the employees.

The court examined the process through which the agreement was negotiated, including the involvement of the Australian Building and Construction Commission (ABCC). It considered whether the agreement provided adequate protections for employees and if it complied with the Fair Work Act's procedural and substantive requirements. The court also assessed the fairness of the terms and conditions set out in the agreement, ensuring that they did not unjustifiably disadvantage any party. Ultimately, the court found that the agreement was appropriately negotiated and met the necessary criteria for endorsement.

The Fair Work Commission approved the enterprise agreement, finding it to be fair and reasonable. The court concluded that the agreement was properly negotiated and provided adequate protections for employees, while also ensuring that it complied with the procedural and substantive requirements of the Fair Work Act. The decision was made in favour of Pro-Vent HVAC Solutions Pty Ltd, endorsing the agreement as a valid and enforceable contract between the employer and the employees.

Pro - Vent HVAC Solutions 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