| [2024] FWCA 4607 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Pro - Vent Hvac Solutions Pty Ltd T/A Pro - Vent Hvac Solutions
(AG2024/4884)
PRO – VENT HVAC SOLUTIONS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027
| Plumbing industry | |
| COMMISSIONER JOHNS | MELBOURNE, 19 DECEMBER 2024 |
Application for approval of the Pro – Vent HVAC Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027
An application has been made for approval of an enterprise agreement known as the Pro – Vent HVAC Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pro - Vent Hvac Solutions Pty Ltd T/A Pro - Vent Hvac Solutions. The Agreement is a single enterprise agreement.
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.
An assessment of the Agreement has identified two clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:
a)Clause 16.3.1: Flexible Working Arrangement; and
b)Clause 40: Compassionate Leave.
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause, Clause 5.4, to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2024. The nominal expiry date of the Agreement is 31 October 2027.
COMMISSIONER
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- AGLC
- Pro - Vent Hvac Solutions Pty Ltd T/A Pro - Vent Hvac Solutions [2024] FWCA 4607
- Case
- [2024] FWCA 4607
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were whether the enterprise agreement appropriately balanced the interests of both parties, and whether it complied with the statutory provisions set out in the Fair Work Act 2009. The court also examined whether the agreement contained all the mandatory terms and conditions as required by the Act and if it adhered to the procedural fairness principles.
In reaching its decision, the court examined the contents of the proposed agreement and assessed whether it appropriately reflected the terms and conditions agreed upon by the parties. The court found that the agreement was fair and balanced, considering the interests of both the employees and the employer. The agreement included all mandatory terms and conditions and adhered to procedural fairness. Consequently, the court approved the enterprise agreement, recognising that it met the statutory requirements for approval under the Fair Work Act 2009.
The court ordered that the Pro – Vent HVAC Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 be approved and registered, effective from the date of the court's decision. This approval ensures that the agreement is legally binding and enforceable for the duration specified in the agreement.
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