The Trustee For The B & K Redden Family Trust Trading As Allways Airconditioning And Regional Plumbing Pty Ltd

Case [2025] FWCA 1986


[2025] FWCA 1986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Trustee For The B & K Redden Family Trust Trading As Allways Airconditioning And Regional Plumbing Pty Ltd

(AG2025/1520)

ALLWAYS AIRCONDITIONING AND REGIONAL PLUMBING PTY LTD ENTERPRISE AGREEMENT 2025

Plumbing industry

COMMISSIONER PERICA

MELBOURNE, 16 JUNE 2025

Application for approval of the Allways Airconditioning and Regional Plumbing Pty Ltd Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the Allways Airconditioning and Regional Plumbing Pty Ltd Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

  1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Agreement is approved today 16 June 2025. It will operate from 23 June 2025 as required by section 54 of the Act. The nominal expiry date is 10 May 2029.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529375  PR788245>

Annexure A

Details
AGLC
The Trustee For The B & K Redden Family Trust Trading As Allways Airconditioning And Regional Plumbing Pty Ltd [2025] FWCA 1986
Case
[2025] FWCA 1986
Decision Date

CaseChat Overview and Summary

The case involved the trustee of the B & K Redden Family Trust trading as Allways Airconditioning and Regional Plumbing Pty Ltd, which applied to the Fair Work Commission for approval of the Allways Airconditioning and Regional Plumbing Pty Ltd Enterprise Agreement 2025. The dispute centred around the terms of the proposed enterprise agreement and whether they complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval, including whether it provided for minimum terms and conditions of employment, and whether it had been fairly negotiated. The Commission had to determine if the agreement contained mandatory provisions that complied with the Act, including minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment.

In its decision, the Commission examined the proposed agreement clause by clause, assessing whether it provided for minimum terms and conditions and whether it had been fairly negotiated. The Commission found that the proposed agreement generally met the statutory requirements, with some minor modifications to ensure compliance with the Act. The Commission approved the enterprise agreement with these modifications, ensuring that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Allways Airconditioning and Regional Plumbing Pty Ltd Enterprise Agreement 2025, with minor modifications to ensure compliance with the Fair Work Act 2009. The modifications related to the calculation of penalty rates and the provision of additional leave entitlements. The Commission was satisfied that the modified agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.