DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tristate Air Conditioning & Mechanical
(AG2015/5565)

TRISTATE AIR CONDITIONING & MECHANICAL AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 8 OCTOBER 2015

Application for approval of the TRISTATE AIR CONDITIONING & MECHANICAL and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the TRISTATE AIR CONDITIONING & MECHANICAL 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 Tristate Air Conditioning & Mechanical. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Tristate Air Conditioning & Mechanical Pty Ltd sought approval of the TRISTATE AIR CONDITIONING & MECHANICAL and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The applicant sought approval from the Fair Work Commission, which was challenged by the Australian Manufacturing Workers' Union. The primary dispute involved whether the agreement was in the best interests of the employees and complied with the Fair Work Act 2009.

The court needed to determine whether the enterprise agreement met the criteria set forth in section 230 of the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions. Key issues included whether the agreement ensured employees were not disadvantaged in comparison to those not covered by the agreement, and whether it complied with the "better off overall test" (BOOT). The court also had to consider whether the agreement was in line with the principles of the Fair Work Act and the broader national system for the resolution of industrial matters.

The Fair Work Commission approved the agreement, concluding that it met the criteria under section 230 of the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions and satisfied the BOOT. The Commission also determined that the agreement was not detrimental to the employees and aligned with the national system for the resolution of industrial matters. The applicant's arguments were largely persuasive, leading to the Commission's decision to grant approval.

The Fair Work Commission approved the TRISTATE AIR CONDITIONING & MECHANICAL and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The Commission found that the agreement met all necessary legal requirements and was in the best interests of the employees.

Tristate Air Conditioning & Mechanical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established