DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Total Ventilation Hygiene Pty Ltd
(AG2015/1611)

TOTAL VENTILATION HYGIENE PTY LTD ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 FEBRUARY 2015

Application for approval of the Total Ventilation Hygiene Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Total Ventilation Hygiene Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 20 February 2015. The nominal expiry date of the Agreement is 20 February 2019.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Ventilation Hygiene Pty Ltd was a party to an enterprise agreement with its employees, who were represented by the United Voice union. The company applied to the Fair Work Commission for approval of the agreement. The union opposed the application, arguing that the agreement did not provide adequate protections for employees. The Fair Work Commission was required to decide whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, if it provided for the proper bargaining of terms and conditions, and if it met the requirements for good faith bargaining.

The Fair Work Commission held that the agreement was a genuine enterprise agreement, as it was made in good faith, and that it provided for the proper bargaining of terms and conditions. The court found that the agreement met the requirements for good faith bargaining, as the parties had negotiated in a manner that was fair and reasonable. The court also held that the agreement provided adequate protections for employees, despite the union's concerns. The agreement provided for a range of protections, including provisions for redundancy pay, notice of termination, and the protection of employee entitlements. The court was satisfied that the agreement was in the best interests of the employees and approved the application for registration.

The Fair Work Commission ordered that the Total Ventilation Hygiene Pty Ltd Enterprise Agreement 2014 be registered as a certified agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would remain in force until it was terminated or replaced by a new agreement. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties and their representatives.

Total Ventilation Hygiene 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