DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3996)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Cold Concepts 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 Cold Concepts 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. 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 5 August 2016 and, in accordance with s.54, will operate from 12 August 2016. 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 Fair Work Commission involved an application for the approval of a workplace agreement between Cold Concepts Refrigeration Pty Ltd and the CEPU - Plumbing Division (Vic). The agreement, known as the Commercial Refrigeration Agreement 2015-2019, was submitted for endorsement under the Fair Work Act 2009. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, was the applicant, while the employer, Cold Concepts Refrigeration Pty Ltd, was the respondent. The dispute centred around whether the agreement met the necessary criteria for registration and if it complied with the relevant provisions of the Fair Work Act.

The key legal issues before the Commission included whether the agreement was genuinely negotiated, if it contained all the required terms and conditions, and if it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement would have a detrimental effect on employees and if it aligned with the broader objectives of the Act, particularly in relation to protecting employee rights and interests.

In delivering its decision, the Commission thoroughly examined the evidence presented by both parties. It found that the agreement had been genuinely negotiated between the employer and the union, and that it contained all the necessary terms and conditions as required by the Fair Work Act. The Commission also confirmed that the agreement was procedurally sound and did not have a detrimental effect on employees. Consequently, the Commission approved the application for the agreement’s registration, finding it to be compliant with the legislative framework. As a result, the Commercial Refrigeration Agreement 2015-2019 was officially endorsed and registered under the Fair Work Act.

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