DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5426)

CINTON GRAY PTY LTD AND THE CEPU - PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 24 OCTOBER 2018

Application for approval of the Cinton Gray Pty Ltd 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 Cinton Gray Pty Ltd 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 31 October 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Cinton Gray Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2016-2019. The Applicant, Cinton Gray Pty Ltd, sought approval of the agreement under section 234 of the Fair Work Act 2009. The Respondent, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, opposed the application on the basis that the agreement contained provisions that were contrary to public policy and therefore not eligible for approval. The dispute was heard in the Fair Work Commission, which had jurisdiction to consider the application under the Fair Work Act.

The central legal issue before the Commission was whether the agreement contained provisions that were contrary to public policy and therefore not eligible for approval. The Commission had to consider whether the agreement's provisions on termination of employment were contrary to public policy, as argued by the Respondent. The Commission also had to consider whether the agreement's provisions on the use of labour hire were contrary to public policy, as argued by the Respondent. The Commission had to balance the parties' competing interests in the agreement and determine whether the agreement was fair and reasonable in all the circumstances.

The Commission found that the agreement did not contain any provisions that were contrary to public policy. The Commission noted that the agreement's provisions on termination of employment were consistent with the principles of the Fair Work Act and did not undermine the protection of employees' rights. The Commission also noted that the agreement's provisions on the use of labour hire were not contrary to public policy, as they did not facilitate the evasion of industrial obligations or undermine the rights of employees. The Commission found that the agreement was fair and reasonable in all the circumstances and approved it under section 234 of the Fair Work Act.

The Fair Work Commission approved the Cinton Gray Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2016-2019. The Commission found that the agreement did not contain any provisions that were contrary to public policy and was fair and reasonable in all the circumstances. The Respondent's opposition to the application was dismissed, and the agreement was approved as a registered agreement under the Fair Work Act.

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