DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sublime Air Conditioning Pty Ltd T/A Sublime Air Conditioning Pty Ltd
(AG2020/3090)

SUBLIME AIR CONDITIONING PTY LTD / AMWU ON-SITE CONSTRUCTION HVAC WORKERS NES ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 NOVEMBER 2020

Application for approval of the Sublime Air Conditioning Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement to be known as the Sublime Air Conditioning Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sublime Air Conditioning Pty (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 11 November 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2020and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

[4] 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 Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2020. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Sublime Air Conditioning Pty Ltd, trading as Sublime Air Conditioning Pty Ltd, which sought approval for their On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023. The application was before the Fair Work Commission, which was required to assess whether the agreement met the necessary legal standards and requirements under the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) was also a party to the agreement and participated in the proceedings.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to determine if the agreement was made in accordance with the prescribed process, including whether there was genuine bargaining and if the agreement was made without any improper conduct. Substantively, the Commission was required to assess if the terms and conditions of the agreement were fair and reasonable, and whether they met the 'better off overall test', ensuring that the employees were not worse off financially.

The Commission found that the agreement had been made through genuine bargaining, and all procedural requirements were met. It also determined that the terms and conditions of the agreement were fair and reasonable, providing appropriate protections and entitlements for the employees. The Commission was satisfied that the employees would be better off overall with the new agreement, considering factors such as wages, conditions, and dispute resolution mechanisms. Consequently, the Commission approved the Sublime Air Conditioning Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023.

The Fair Work Commission's decision was to approve the agreement, effective from 1 July 2020, for a period of three years until 30 June 2023. The approval ensures that the terms and conditions of employment for the workers covered by the agreement are legally recognised and enforceable. This decision provides certainty and stability for both the employer and employees, allowing them to operate under a mutually agreed set of terms and conditions.

Sublime Air Conditioning Pty Ltd T/A Sublime Air Conditioning 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