DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPE Management (ACT) Pty Ltd
(AG2020/4210)

SPE MANAGEMENT (ACT) PTY LTD MECHANICAL AND AIR CONDITIONING SERVICES - ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 FEBRUARY 2021

Application for approval of the SPE Management (ACT) Pty Ltd Mechanical and Air Conditioning Services - Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the SPE Management (ACT) Pty Ltd Mechanical and Air Conditioning Services - Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPE Management (ACT) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 10.1.5 – Notice of Termination.

However, noting clause 4.9.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2021. The nominal expiry date of the Agreement is 24 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SPE Management (ACT) Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The application involved the Mechanical and Air Conditioning Services - Enterprise Agreement 2020-2024. The dispute was between SPE Management (ACT) Pty Ltd and the union representing the employees. The Fair Work Commission was tasked with reviewing the agreement to ensure it complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it provided for fair terms and conditions, and whether it complied with the good faith bargaining obligations under the Act. The Commission had to assess the negotiation process, the content of the agreement, and whether the agreement promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the agreement was genuinely negotiated and contained fair terms and conditions. The evidence demonstrated that the bargaining process was conducted in good faith, and the terms of the agreement promoted the desired workplace relations. The Commission was satisfied that the agreement complied with the legislative requirements, and thus approved it. The Commission's decision was based on the evidence presented and the statutory criteria set out in the Fair Work Act 2009.

The final orders of the Commission were to approve the Mechanical and Air Conditioning Services - Enterprise Agreement 2020-2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision was made in accordance with the Fair Work Act 2009, and the parties were bound by the terms of the approved agreement.

SPE Management (ACT) 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