Triple M Mechanical Services Pty Limited

[2016] FWCA 1161

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Triple M Mechanical Services Pty Limited
(AG2016/16)
“TRIPLE M” ON-SITE CONSTRUCTION HVAC WORKERS
ENTERPRISE AGREEMENT FOR NSW 2015-2018
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 FEBRUARY 2016

Application for approval of the “Triple M” On-Site Construction HVAC Workers Enterprise

Agreement for NSW 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

“Triple M” On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015-2018

(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the

Act). It has been made by Triple M Mechanical Services Pty Limited. The Agreement is a

single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 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.
[2016] FWCA 1161

[4] The Agreement was approved on 24 February 2016 and, in accordance with s.54, will

operate from 2 March 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1161

ANNEXURE A

CaseChat Overview and Summary

Triple M Mechanical Services Pty Limited applied for the approval of an enterprise agreement in the Fair Work Commission. The proposed agreement, titled the "Triple M" On-Site Construction HVAC Workers Enterprise Agreement for NSW 2015-2018, pertains to the building, metal and civil construction industries. The application was lodged under Section 185 of the Fair Work Act 2009.

The central legal issues before the Commissioner were whether the agreement met all relevant requirements under Sections 186, 187, 188, and 190 of the Fair Work Act, and if the group of employees covered by the agreement was fairly chosen. The applicant had provided written undertakings which were scrutinized to ensure they would not cause financial detriment to employees or result in substantial changes to the agreement. The Commissioner found that the application met the necessary criteria, including the fairness of the employee selection under Sections 186(3) and 186(3A).

The Commissioner concluded that the agreement was compliant with the Act and granted approval. The agreement was set to operate from 2 March 2016, with a nominal expiry date of 31 October 2018. The decision was communicated in writing and the agreement was subsequently approved on 24 February 2016. The Commissioner's decision was based on a thorough examination of the provided undertakings and the relevant sections of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established