DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/733)

UNITED COOLING SOLUTIONS PTY LTD AND THE CEPU - PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 27 MAY 2015

Application for approval of the United Cooling Solutions Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the United Cooling Solutions Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015 (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 (CEPU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2015. The nominal expiry date of the Agreement is 30 June 2015.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of the United Cooling Solutions Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015. The application was heard by the Fair Work Commission (the Commission) and dealt with the intricacies of union-employer agreements within the context of industrial relations. The primary dispute was whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, whether it was genuinely negotiated, and if it satisfied the requirements for being an enterprise agreement as outlined in the Act. Specifically, the Commission needed to determine if the agreement was appropriately certified and if it complied with the provisions relating to employee representation, coverage, and bargaining. Additionally, the Commission had to consider if the agreement adequately addressed the interests of both the employer and the employees.

In rendering its decision, the Commission carefully examined the procedural aspects of the agreement's negotiation and certification. It found that the agreement was genuinely negotiated and that the certification process complied with the statutory requirements. The Commission also determined that the agreement was made in good faith and was comprehensive enough to cover the necessary terms for an effective enterprise agreement. Consequently, the Commission approved the agreement, recognising that it met all the necessary criteria under the Fair Work Act. This decision ensures that the terms of the agreement will be binding on the parties involved, providing a framework for industrial relations within the specified period.

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