Carseldine Air Conditioning Pty. Ltd. [2024] FWCA 149 (12 January 2024)

Last Updated: 12 January 2024

[2024] FWCA 149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement
Carseldine Air Conditioning Pty. Ltd.

(AG2023/5291)

CARSELDINE AIR CONDITIONING (SERVICES STAFF) EMPLOYEE COLLECTIVE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 12 JANUARY 2024

Application for approval of the Carseldine Air Conditioning (Services Staff) Employee Collective Enterprise Agreement 2023

[1] An application has been made for approval of an enterprise agreement known as the Carseldine Air Conditioning (Services Staff) Employee Collective Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carseldine Air Conditioning Pty. Ltd. (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 November 2023 and the Agreement was made on 14 December 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

[4] The Applicant has provided written undertakings. 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.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2024. The nominal expiry date of the Agreement is 19 January 2028.

DEPUTY PRESIDENT

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