DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coldflow Mechanical Pty Ltd
(AG2021/252)

COLDFLOW MECHANICAL PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2021

Application for approval of the Coldflow Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019-2023.

[1] Coldflow Mechanical Pty Ltd has made an application for approval of an enterprise agreement known as the Coldflow Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, the Commission was advised that the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 February 2021 and, in accordance with s 54, will operate from 18 February 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coldflow Mechanical Pty Ltd sought approval of an enterprise agreement with the CEPU - Plumbing Division Victorian Branch. The application was made to the Fair Work Commission (FWC). The primary dispute was over the proposed terms of the enterprise agreement, which needed approval under the Fair Work Act 2009. The central legal issues before the FWC were whether the agreement met the requirements for being a protected action (a "green field" agreement), and whether it contained terms that were contrary to public policy.

The FWC examined the agreement to determine if it was a protected action, considering factors such as the coverage of the agreement, the bargaining process, and the content of the agreement. The FWC found that the agreement was a green field agreement as it was not successor to any existing agreement and was not based on any previous enterprise agreement. The FWC also assessed whether any of the terms contravened public policy, focusing on terms relating to employment conditions, wages, and other protections. After a detailed review, the FWC concluded that the agreement did not contain any terms that were contrary to public policy.

The FWC approved the Coldflow Mechanical Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019-2023, recognising it as a protected action and compliant with the Fair Work Act 2009. The decision was based on the thorough analysis of the agreement's content and the processes followed in its negotiation. The FWC found that the agreement was fair and reasonable in all respects and did not contravene any public policy considerations. The approval allows the agreement to be enforced between the parties, providing certainty and stability in their industrial relations.

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