DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/387)

ADAPT REFRIGERATION PTY LTD AND THE CEPU - PLUMBING DIVISION VICTORIAN BRANCH COMMERCIAL REFRIGERATION & SERVICE ENTERPRISE AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2020

Application for approval of the Adapt Refrigeration Pty Ltd and the CEPU - Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Adapt Refrigeration Pty Ltd and the CEPU - Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clause 8.13 (b) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Adapt Refrigeration Pty Ltd and the CEPU – Plumbing Division Victorian Branch, Commercial Refrigeration & Service Enterprise Agreement 2019-2022. The application was heard in the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes and promoting fair work practices. The application was brought forward by the union, which sought approval for the proposed agreement, while the employer argued that certain aspects of the agreement were not in line with the Fair Work Act 2009.

The primary legal issue the court had to decide was whether the enterprise agreement met the requirements set out in the Fair Work Act 2009, including the necessity to provide for minimum terms and conditions of employment, the right to request flexible working arrangements, and provisions for employee representation. Additionally, the court had to consider whether the agreement was made in good faith and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In making its decision, the court examined the provisions of the proposed agreement and the arguments presented by both parties. The court found that the agreement generally met the requirements of the Fair Work Act 2009, including the minimum terms and conditions, and the provisions for employee representation. The court noted that the agreement provided for flexible working arrangements, although the employer had raised concerns about the potential for abuse of such arrangements. However, the court found that the provisions were reasonable and in line with the spirit of the Act. The court also found that the agreement was made in good faith and complied with the requirements of the Fair Work (Registered Organisations) Act 2009.

The court approved the proposed enterprise agreement, subject to certain minor modifications to address the employer's concerns about the potential for abuse of flexible working arrangements. The final orders of the court required the parties to make the necessary changes to the agreement and to provide a copy of the approved agreement to the Fair Work Commission within a specified timeframe.

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