DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4628)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2019

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

[1] The 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 All State Refrigeration Services 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] 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 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.

[4] The Agreement was approved on 18 December 2019 and, in accordance with s 54, will operate from 25 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the All State Refrigeration Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2019-2022. The dispute centred on the fairness and compliance of the proposed enterprise agreement with the relevant labour laws and standards. The Commission was tasked with examining the agreement to determine if it met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained the mandated terms and conditions, if it adhered to the procedural requirements for enterprise agreements, and if the agreement was genuinely negotiated. The Commission also had to consider whether the agreement provided for appropriate mechanisms for dispute resolution and if it complied with the provisions regarding minimum rates of pay, classification, and other employment conditions. Furthermore, the Commission assessed whether the agreement promoted harmonious, productive, and cooperative workplace relations.

In its decision, the Fair Work Commission determined that the enterprise agreement was procedurally sound and genuinely negotiated. The Commission found that the agreement contained the required terms and conditions and adhered to the provisions regarding minimum rates of pay, classification, and other employment conditions. The agreement was also found to provide for appropriate mechanisms for dispute resolution. Consequently, the Commission approved the All State Refrigeration Services Pty Ltd and the CEPU - Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2019-2022.

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