DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7536)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Adapt Refrigeration Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration 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 11 January 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) sought approval of a new enterprise agreement with Adapt Refrigeration Pty Ltd (the Employer). The agreement, titled the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2015-2019, was the subject of a dispute between the Union and the Employer. The Union argued that the agreement was necessary to provide adequate protection for its members working in the commercial refrigeration industry in Victoria.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained appropriate provisions for minimum wages, penalty rates, leave entitlements, and other essential conditions that complied with the relevant awards and the National Employment Standards. Additionally, the Commission needed to ensure that the agreement was made in good faith and without coercion.

The Fair Work Commission examined the agreement clause by clause and found that it contained all the necessary provisions for minimum wages, penalty rates, leave entitlements, and other essential conditions. The Commission noted that the agreement provided fair and reasonable terms for employees in the commercial refrigeration industry in Victoria. Furthermore, the Commission was satisfied that the agreement was made in good faith and without coercion. Consequently, the Commission approved the agreement, stating that it would provide adequate protection for employees and promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2015-2019, effective from 1 January 2015. The Commission's decision was based on the agreement meeting the statutory requirements for approval under the Fair Work Act 2009 and providing fair and reasonable terms for employees in the commercial refrigeration industry in Victoria.

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