DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/5559)

HUTCHINS REFRIGERATION PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 28 SEPTEMBER 2016

Application for approval of the Hutchins Refrigeration Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hutchins Refrigeration Pty Ltd and CEPU Plumbing Division Mechanical Union Collective 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 5 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

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Hutchins Refrigeration Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019 from the Fair Work Commission. The applicant argued the agreement was in the interests of the national system for industrial relations. The respondent, Hutchins Refrigeration Pty Ltd, opposed the application, contending that the agreement contained provisions that were not in the interests of the national system.

The legal issues before the Commission were whether the agreement should be approved, and if so, whether certain provisions should be removed. The Commission had to consider whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it promoted harmonious, productive, and cooperative workplace relations. The Commission also had to determine if any provisions were in the interests of the national system.

The Fair Work Commission found that the agreement generally promoted harmonious, productive, and cooperative workplace relations. However, the Commission identified certain provisions that were not in the interests of the national system. These provisions related to the payment of allowances and the definition of an employee. The Commission considered the evidence presented by both parties and made findings based on the principles of good faith bargaining and the national system. Ultimately, the Commission approved the agreement with some modifications to ensure it complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Hutchins Refrigeration Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019 with certain modifications. The Commission found that the agreement generally promoted harmonious, productive, and cooperative workplace relations, but identified certain provisions that were not in the interests of the national system. The Commission made findings based on the principles of good faith bargaining and the national system, and removed the provisions that were not in the interests of the national system. The applicant was directed to lodge the modified agreement with the Commission for registration.

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