DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/765)

ADAM DAVIS REFRIGERATION AND THE CEPU - PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER LEE	SYDNEY, 15 APRIL 2019

Application for approval of the Adam Davis Refrigeration and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Adam Davis Refrigeration and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2016-2019 (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] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union applied to the Fair Work Commission for approval of the Adam Davis Refrigeration and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2016-2019. The agreement, if approved, would be a registered industrial instrument under the Fair Work Act 2009. The union and the employer, Adam Davis Refrigeration, sought to have the agreement registered to govern the terms and conditions of employment for employees within the commercial refrigeration sector in Victoria. The primary legal issue before the Fair Work Commission was whether the agreement met the criteria for registration as set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith, was free from coercion, and if it was an appropriate instrument for registration under the Act.

The Fair Work Commission evaluated the application based on the statutory criteria outlined in the Fair Work Act. The Commission considered the process by which the agreement was negotiated, the terms of the agreement itself, and whether the agreement was made in good faith and without any element of coercion. The Commission noted that the union and the employer had provided evidence of a genuine and voluntary negotiation process, and that the terms of the agreement were reasonable and appropriate for the industry. The Commission was satisfied that the agreement met the necessary criteria for registration and approved the application. Consequently, the Adam Davis Refrigeration and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2016-2019 was registered as a certified agreement under the Fair Work Act.

Following the approval of the application, the Fair Work Commission made orders to register the agreement as a certified agreement. The agreement, which sets out the terms and conditions of employment for employees within the commercial refrigeration sector in Victoria, is now a registered industrial instrument. This registration ensures that the agreement will be recognised and enforceable under the Fair Work Act, providing stability and clarity for both the union and the employer in their ongoing relationship. The decision underscores the importance of fair and transparent negotiation processes in the development of industrial agreements that are beneficial to both parties.

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