Coldflow Mechancial Pty Ltd Summary

[2013] FWCA 1780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coldflow Mechancial Pty Ltd
(AG2013/5656)

COLDFLOW MECHANICAL PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 21 MARCH 2013

Application for approval of the Coldflow Mechanical Pty Ltd 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 Coldflow Mechanical Pty Ltd 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 Coldflow Mechanical Pty Ltd.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The parties to the case were Coldflow Mechanical Pty Ltd and the CEPU - Plumbing Division (Vic). The dispute involved the application for approval of their enterprise agreement for the period 2011-2015. The Fair Work Commission was the court responsible for making the decision. The legal issues before the Commission were whether the agreement complied with the relevant legislative provisions and if it was in the best interests of the employees.

The Commission examined whether the agreement contained all the prescribed terms, whether it was genuinely negotiated, and if it met the requirements of the Fair Work Act 2009. It also assessed whether the agreement provided fair and reasonable terms for the employees, considering factors such as the bargaining power of the parties, the nature of the industry, and the overall economic context. Furthermore, the Commission considered if the agreement would promote workplace harmony and industrial peace.

After thorough examination, the Commission found that the agreement complied with all the legislative requirements and was genuinely negotiated between the parties. It concluded that the agreement provided fair and reasonable terms for the employees, taking into account the specific circumstances of the industry and the economic context. The Commission also determined that the agreement would promote workplace harmony and industrial peace. Consequently, the Fair Work Commission approved the Coldflow Mechanical Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

The final orders of the Fair Work Commission included the approval of the enterprise agreement for the period 2011-2015 between Coldflow Mechanical Pty Ltd and CEPU - Plumbing Division (Vic). The agreement was deemed to be in compliance with the Fair Work Act 2009 and genuinely negotiated. The Commission's decision was based on the agreement's provision of fair and reasonable terms for the employees, considering the specific circumstances of the industry and the overall economic context. The approval of the agreement was expected to promote workplace harmony and industrial peace.

Coldflow Mechancial Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established