Triple A (AAA) Airconditioning Pty Ltd

[2025] FWCA 418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Triple A (AAA) Airconditioning Pty Ltd

(AG2024/5213)

TRIPLE A (AAA) AIRCONDITIONING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 3 FEBRUARY 2025

Application for approval of the Triple A (AAA) Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Triple A (AAA) Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Triple A (AAA) Airconditioning Pty Ltd. The Agreement is a single enterprise agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Triple A (AAA) Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) brought an application before the Fair Work Commission to approve the Plumbing Enterprise Agreement 2024-2027. The application was made under section 235 of the Fair Work Act 2009, seeking approval of the agreement as a registered agreement. The dispute centred on the terms of the agreement, including wages, working conditions, and other employment-related matters, between the employer and the employees represented by the union.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it met the criteria for being a "better off overall test" (BOOT) agreement. The Commission had to determine if the agreement provided employees with a fair and reasonable set of conditions and if it was, on balance, better than the applicable minimum terms and conditions under the relevant award or safety net award.

The Commission found that the agreement met all the necessary statutory requirements and passed the BOOT test. The agreement provided for fair and reasonable terms, including wage increases and improved working conditions, that were better than the minimum safety net terms. The Commission was satisfied that the agreement was made in good faith and without coercion and that it contained appropriate dispute resolution mechanisms. The application was therefore approved, and the agreement was registered as a protected action agreement under the Fair Work Act.

The Fair Work Commission approved and registered the Triple A (AAA) Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027 as a protected action agreement. The terms of the agreement will now apply to the employees of Triple A (AAA) Airconditioning Pty Ltd, providing them with the agreed-upon terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established