DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5493)

KEEAIR REFRIGERATION PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Keeair Refrigeration Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Keeair Refrigeration Pty Ltd and CEPU – Plumbing Division Victorian 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 the 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 14 October 2016. The nominal expiry date of the Agreement is 31 October 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 brought an application for the approval of the Keeair Refrigeration Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2016-2019. The dispute centred around whether the terms of the proposed enterprise agreement met the requirements of the Fair Work Act 2009 for registration and approval. The enterprise agreement was negotiated between the union and the employer, Keeair Refrigeration Pty Ltd, covering the period from 2016 to 2019. The legal issues that the Commission needed to address included whether the agreement provided for the mandatory matters as required by section 228 of the Act, whether it complied with the good faith bargaining provisions under section 234, and if it adhered to the terms set out in Part 2-6 of the Act concerning employee protections and entitlements.

The Commission examined the contents of the enterprise agreement, assessing if it covered all the mandatory matters prescribed by the Act, including minimum wages, penalty rates, leave provisions, and other employment conditions. It also evaluated if the agreement was the product of genuine negotiations between the parties. The Commission determined that the agreement did cover all the mandatory matters and reflected the outcomes of good faith bargaining between the employer and the union. Furthermore, it was found to be consistent with the provisions of the Act regarding employee protections and entitlements. Consequently, the Commission approved the enterprise agreement, deeming it to be in compliance with the legal standards set forth by the Fair Work Act 2009.

The Fair Work Commission approved the Keeair Refrigeration Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2016-2019. This decision signified that the agreement was found to meet the requirements of the Fair Work Act 2009, including the coverage of all mandatory matters and the adherence to good faith bargaining principles. The approval was based on the Commission's assessment that the agreement provided fair and reasonable terms and conditions of employment for the employees covered by the agreement.

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