DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1974)

VENTRIX MECHANICAL PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH REFRIGERATION ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2020

Application for approval of the Ventrix Mechanical Pty Ltd & CEPU Plumbing Division - NSW Branch Refrigeration Enterprise Agreement 2019-2023.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the Ventrix Mechanical Pty Ltd & CEPU Plumbing Division - NSW Branch Refrigeration 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] 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 July 2020 and, in accordance with s 54, will operate from 24 July 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The union, represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Refrigeration Enterprise Agreement between Ventrix Mechanical Pty Ltd and the CEPU Plumbing Division – NSW Branch for the years 2019 to 2023. The matter was heard in the Fair Work Commission. The union argued that the proposed agreement was fair and appropriate for the employees covered by it, and it sought the court's approval to implement the agreement. The legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009, and if it was in the best interests of the employees.

The court considered the agreement's provisions, including wages, hours of work, and other conditions of employment, and assessed whether they were fair and reasonable. The court also considered the extent to which the agreement promoted harmonious, productive, and cooperative workplace relationships. After reviewing the evidence and submissions, the court was satisfied that the agreement was fair and appropriate, and that it met the requirements for approval under the Act. The court approved the agreement, finding that it was in the best interests of the employees and promoted harmonious, productive, and cooperative workplace relationships.

The court's decision was based on a thorough analysis of the agreement's provisions and the evidence presented by the parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it promoted the objectives of the Act. The court also noted that the agreement had been negotiated in good faith and that it provided for appropriate mechanisms for resolving disputes. The court approved the agreement, and it will now be binding on the parties from the date of the decision.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established