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

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, to have the Cold Concepts Refrigeration Pty Ltd and the CEPU - Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2019-2022 approved by the Fair Work Commission. The nature of the dispute was the approval of an enterprise agreement, which is a legally binding agreement between employers and employees that sets out terms and conditions of employment. The court in this case was the Fair Work Commission, which is responsible for resolving workplace disputes and promoting cooperative workplace relations in Australia.

The legal issues before the court were whether the agreement complied with the relevant legislation, specifically the Fair Work Act 2009, and whether it met the "better off overall test". This test requires that the agreement must provide employees with a benefit on a relevant comparison that is at least equal to any detriment, having regard to all factors that could affect the interests of employees. The court had to determine whether the agreement was fairly negotiated and met the requirements of the Act.

In its decision, the court found that the agreement met the better off overall test, and was fairly negotiated. The court noted that the agreement provided for a range of benefits to employees, including wage increases, improved leave entitlements, and better working conditions. The court also found that the agreement did not contain any terms that were contrary to public policy or that would have an adverse effect on the employees' health and safety. As a result, the court approved the agreement.

The final orders of the court were that the Cold Concepts Refrigeration Pty Ltd and the CEPU - Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2019-2022 be approved by the Fair Work Commission. This decision provides clarity for employers and employees in the commercial refrigeration and service industry in Victoria, and ensures that the terms and conditions of employment are fair and reasonable.

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