DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1410)

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

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

Application for approval of the Melbourne 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 Melbourne 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 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. 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 16 June 2016 and, in accordance with s.54, will operate from 23 June 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a proposed enterprise agreement with Melbourne Refrigeration Pty Ltd. The agreement, covering the period 2015-2019, was intended to govern the terms and conditions of employment for employees within the commercial refrigeration sector. The dispute centred on the procedural fairness of the agreement's ratification process and whether it complied with relevant labour laws. The Commission had to determine whether the union had genuinely represented the employees and if the agreement had been properly negotiated and endorsed.

The legal issues before the Commission included whether the union had followed proper procedures in obtaining employee support for the agreement, the accuracy of the ballot results, and whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission examined whether the union had provided adequate information to the employees, if the ballot was conducted fairly, and whether the agreement was appropriately endorsed by a majority of the employees. Additionally, the Commission assessed whether the agreement complied with the "better off overall test" and other statutory requirements.

The Fair Work Commission found that the union had followed proper procedures in obtaining employee support for the agreement and that the ballot was conducted fairly. The Commission determined that the union had provided employees with the necessary information and that the ballot results accurately reflected the employees' wishes. The Commission also concluded that the agreement met the "better off overall test" and was consistent with the Fair Work Act 2009. Therefore, the Commission approved the proposed enterprise agreement between the union and Melbourne Refrigeration Pty Ltd.

The Fair Work Commission approved the proposed enterprise agreement, confirming that it complied with the necessary statutory requirements and was supported by the majority of employees. The Commission's decision validated the agreement's terms and conditions, ensuring that both the union and the employer could proceed with its implementation.

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