DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triple A (AAA) Airconditioning Pty Ltd
(AG2016/5262)

TRIPLE A AIRCONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Triple A Airconditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Triple A Airconditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (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.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 20 September 2016 and, in accordance with s.54, will operate from 27 September 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Triple A (AAA) Airconditioning Pty Ltd sought approval of an enterprise agreement with the CEPU - Plumbing Division Victorian Branch. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being "certified as a small business national system agreement" under section 233 of the Act. This involved assessing the agreement against various provisions, including those relating to employee entitlements, procedural fairness, and the genuine negotiation process.

The Commission examined the bargaining process and the content of the agreement to ascertain whether it was genuinely negotiated and fairly represented the interests of the employees. The evidence presented indicated that the agreement was the result of genuine bargaining efforts, with both parties engaging in discussions over an extended period. The Commission found that the agreement contained provisions that met the legislative requirements, including minimum entitlements, procedural fairness, and the processes for genuine negotiation. The Commission also noted that the agreement was appropriate for the small business context, taking into account the nature of the enterprise and the specific industry conditions.

Upon finding that the agreement satisfied all the necessary legislative criteria, the Commission approved the enterprise agreement. The approval was granted on the basis that the agreement was fairly negotiated and provided adequate protections for the employees while allowing the employer to operate within the constraints of a small business environment. The Commission's decision was grounded in the evidence of a genuine negotiation process and the agreement's alignment with the legislative framework. The final orders confirmed the approval of the Triple A Airconditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019, effective from the date of the decision.

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