DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/4947)

FLOWRITE REFRIGERATION PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH REFRIGERATION ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 JANUARY 2018

Application for approval of the Flowrite Refrigeration Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Flowrite Refrigeration Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2015-2019 (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 29 January 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Flowrite Refrigeration Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2015-2019. The dispute pertains to the terms and conditions of employment for employees covered by the proposed agreement. The Fair Work Commission, under its jurisdiction to approve enterprise agreements, was tasked with determining whether the agreement complied with the necessary legal standards and whether it was appropriate for the employees involved.

The primary legal issues before the Commission included whether the agreement met the requirements for simplicity, clarity, and accessibility as outlined in the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement provided for appropriate protections and entitlements for the employees, including minimum wages, leave provisions, and other terms that were not less favourable than those provided by the relevant industrial instruments. Another critical issue was whether the agreement had been made in good faith and whether it had been properly certified by the relevant union.

After reviewing the evidence and submissions from both parties, the Commission found that the Flowrite Refrigeration Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2015-2019 met all the legal requirements for approval. The agreement was deemed simple, clear, and accessible, and it provided for appropriate protections and entitlements for the employees. Furthermore, the Commission was satisfied that the agreement had been made in good faith and that the certification process was valid. Consequently, the Commission approved the agreement, allowing it to come into effect as per the terms specified.

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