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

[2019] FWCA 8586

[2019] FWCA 8586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4776)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 DECEMBER 2019

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

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

[2] The application is generally in order however I note that not all employees received a copy of the NERR within 14 days of the notification time, as contemplated by s 173(3). Some employees received the NERR 16 days after the notification time. Nevertheless, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, having regard to the content of statutory declaration 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 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.

[4] The CEPU, 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.

[5] The Agreement was approved on 20 December 2019 and, in accordance with s 54, will operate from 27 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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 1   [2019] FWCFB 318