DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triple A (AAA) Airconditioning Pty Ltd
(AG2021/5446)

TRIPLE A (AAA) AIRCONDITIONING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JUNE 2021

Application for approval of the Triple A (AAA) Airconditioning Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024.

[1] Triple A (AAA) Airconditioning Pty Ltd has made an application for approval of an enterprise agreement known as the Triple A (AAA) Airconditioning Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CEPU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 June 2021 and, in accordance with s 54, will operate from 23 June 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Triple A (AAA) Airconditioning Pty Ltd, along with the CEPU – Plumbing Division Victorian Branch, sought approval of their Enterprise Agreement 2020-2024 from the Fair Work Commission. The application was lodged to ensure the agreement met the legal standards set out under the Fair Work Act 2009, specifically sections 221 and 230. The Commission needed to determine whether the agreement contained the minimum terms and conditions as mandated by the legislation, and whether it complied with the good faith bargaining requirements.

The primary legal issues before the Commission involved verifying if the agreement's terms were fair and reasonable, and if the negotiation process adhered to the good faith requirements. This included an assessment of whether the agreement included all the minimum terms and conditions prescribed by the Fair Work Act, and whether the agreement was negotiated in good faith. The Commission also considered if the agreement provided for appropriate mechanisms for resolving disputes.

The Fair Work Commission found that the agreement met all the requirements under the Fair Work Act. The agreement included all the prescribed minimum terms and conditions, and the negotiation process was conducted in good faith. The Commission was satisfied that the agreement provided adequate mechanisms for resolving disputes and was fair and reasonable for the parties involved. Consequently, the Commission approved the Enterprise Agreement, allowing it to be registered and enforceable.

The Fair Work Commission approved the Triple A (AAA) Airconditioning Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2020-2024, subject to its registration with the Fair Work Commission. This approval ensures that the agreement can be implemented and enforced, providing a stable and fair framework for the employment conditions of the parties involved.

Triple A (AAA) Airconditioning 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