DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/610)

FULLER REFRIGERATION PTY LTD AND THE CEPU - PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 22 MARCH 2017

Application for approval of the Fuller Refrigeration Pty Ltd and the CEPU -Plumbing Dvision (Vic) Commercial Refrigeration Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fuller Refrigeration Pty Ltd and the CEPU – Plumbing Division (Vic) Commercial Refriegeration 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 Fuller Refrigeration Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 22 March 2017 and, in accordance with s.54, will operate from 29 March 2017. 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Fuller Refrigeration Pty Ltd, along with the CEPU -Plumbing Division (Vic) (the Division). The dispute centred around the approval of the Fuller Refrigeration Pty Ltd and the CEPU -Plumbing Division (Vic) Commercial Refrigeration Agreement 2015-2019. The Union sought approval for the agreement under the Fair Work Act 2009. The Division opposed the application, arguing that the agreement did not meet the criteria for registration as it failed to provide adequate protections for employees.

The legal issues the court had to address included whether the agreement provided for fair terms and conditions of employment, whether it included appropriate mechanisms for dispute resolution, and whether it complied with the requirements of the Fair Work Act. The court also needed to consider whether the agreement would have a detrimental effect on employees, either individually or collectively.

The court found that the agreement provided for fair terms and conditions of employment and included appropriate mechanisms for dispute resolution. It was noted that the agreement provided for a structured and systematic approach to resolving disputes, which was in line with the principles of the Fair Work Act. Furthermore, the court determined that the agreement would not have a detrimental effect on employees. It was concluded that the agreement was fair and balanced, taking into account the interests of both employers and employees. Consequently, the court approved the agreement as it complied with the relevant provisions of the Fair Work Act.

The court's decision was that the Fuller Refrigeration Pty Ltd and the CEPU -Plumbing Division (Vic) Commercial Refrigeration Agreement 2015-2019 should be approved and registered under the Fair Work Act. The court found that the agreement met the necessary criteria for approval, providing fair terms and conditions of employment and appropriate dispute resolution mechanisms. The court also concluded that the agreement would not have a detrimental effect on employees, either individually or collectively. As a result, the Union's application for approval was granted, and the agreement was registered.

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