| [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
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.
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.
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.
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
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<AE529375 PR788245>
Annexure A
- 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 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
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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