| [2017] FWCA 14 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7490)
COMPLETE COOLING SOLUTIONS AND THE CEPU - PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2015-2019
Plumbing industry | |
COMMISSIONER GREGORY | MELBOURNE, 3 JANUARY 2017 |
Application for approval of the Complete Cooling Solutions 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 Complete Cooling Solutions 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 10 January 2017. The nominal expiry date of the Agreement is 30 June 2019.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2017] FWCA 14
- Case
- [2017] FWCA 14
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the agreement fulfilled the statutory requirements for registration as a registered agreement. This included determining if the agreement was genuinely negotiated, if it contained minimum entitlements as specified by the Fair Work Act, and if it was in the best interest of the employees. The court also had to consider whether the agreement complied with the procedural requirements of the Act, including whether the union had followed proper processes in negotiating and seeking approval of the agreement.
In delivering its decision, the court examined the terms of the agreement and the evidence presented regarding the negotiation process. It found that the agreement was genuinely negotiated and contained the necessary minimum entitlements as stipulated by the Fair Work Act. The court also determined that the agreement was in the best interest of the employees, considering factors such as the nature of the work and the terms offered. Furthermore, the court confirmed that the union had followed the procedural requirements of the Act in seeking approval of the agreement. Based on these findings, the court approved the agreement for registration.
The final orders of the court were that the Complete Cooling Solutions and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2015-2019 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to take effect as a legally binding contract between the parties, providing a framework for the terms and conditions of employment for the employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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