DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triple A (AAA) Airconditioning Pty Ltd
(AG2015/1731)

TRIPLE A (AAA) AIRCONDITIONING AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 FEBRUARY 2015

Application for approval of the Triple A (AAA) Airconditioning and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Triple A (AAA) Airconditioning and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (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 Applicant). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2015. The nominal expiry date of the Agreement is 31 October 2015.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Triple A (AAA) Airconditioning Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement in question was with the CEPU - Plumbing Division (Vic), representing the employees. The application was brought forth to determine whether the agreement met the requirements of the Fair Work Act 2009, specifically concerning the terms and conditions of employment that were proposed within the agreement.

The legal issues the court was required to decide included whether the agreement provided for minimum terms and conditions of employment as required by the Fair Work Act, whether it was free from prohibited content, and whether it was appropriately certified by the relevant union. Furthermore, the court had to assess whether the agreement had been fairly negotiated and whether it complied with the procedural requirements set out in the legislation.

The Fair Work Commission assessed the application by examining the contents of the proposed agreement against the statutory framework. The Commission found that the agreement did provide for the minimum terms and conditions, was free from prohibited content, and was certified by the union. Additionally, the Commission determined that the agreement had been fairly negotiated and complied with the necessary procedural requirements. Consequently, the Commission approved the application, granting the enterprise agreement formal recognition under the Fair Work Act.

As a result of the court's decision, the Triple A (AAA) Airconditioning and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 was formally approved and registered, binding both parties from the date of approval. The agreement was to remain in effect until the stipulated end date or until further orders by the Fair Work Commission.

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