DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coldflow Mechanical Pty Ltd
(AG2016/3282)

COLDFLOW MECHANICAL PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2016

Application for approval of the Coldflow Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Coldflow Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 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) 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 7 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application to the Fair Work Commission for the approval of the Coldflow Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The application was brought by Coldflow Mechanical Pty Ltd and the CEPU - Plumbing Division Victorian Branch. The dispute pertains to the terms and conditions of employment under the proposed enterprise agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the court were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for "better off overall" and "no detriment" for the employees involved. This involved assessing if the agreement provided for a fair and reasonable rate of pay, adequate working conditions, and did not impose any undue detriment upon the employees.

The court examined the proposed terms and conditions of the agreement, considering expert evidence and submissions from both parties. It was determined that the agreement provided for a fair and reasonable rate of pay and included adequate working conditions. Additionally, it was found that the agreement did not impose any undue detriment upon the employees. Therefore, the court approved the Coldflow Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019.

As a result, the Fair Work Commission approved the enterprise agreement, making it legally binding on the parties involved. The agreement now governs the terms and conditions of employment for the employees covered by the agreement for the specified period.

Coldflow Mechanical 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