DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Duct Company Pty Ltd
(AG2015/5831)

“THE DUCT COMPANY” ON-SITE CONSTRUCTION HVAC WORKERS ENTERPRISE AGREEMENT FOR NSW 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of “The Duct Company” On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as “The Duct Company” On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Duct Company 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Duct Company Pty Ltd recently sought approval from the Fair Work Commission for their On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015-2018. This request came after the company and the United Workers Union had negotiated the agreement. The union represented the workers who were to be covered by the agreement. The legal issues that the commission had to address centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining if the agreement provided for the terms and conditions of employment that were fair and portable, and whether it contained the necessary minimum entitlements for the workers involved.

In considering the application, the commission examined the contents of the agreement, including the wages, hours of work, and other conditions of employment. The commission also assessed whether the agreement had been negotiated in good faith and whether it contained proper dispute resolution mechanisms. Additionally, the commission took into account the views of the workers and the employer, as well as any submissions made by other interested parties. The commission determined that the agreement was fair and portable and contained the necessary minimum entitlements for the workers. The commission also found that the agreement had been negotiated in good faith and contained appropriate dispute resolution mechanisms.

As a result, the commission approved the On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015-2018. The approval means that the agreement is now a registered enterprise agreement under the Fair Work Act 2009, and the terms and conditions of employment set out in the agreement will apply to the workers covered by it. The final orders of the commission included the registration of the agreement and the setting aside of any objections that had been made to the application. The decision provides certainty for both the employer and the workers, as well as ensuring that the agreement meets the requirements of the Fair Work Act 2009.

The Duct Company 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