DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/10161)

MEGA REFRIGERATION SERVICES PTY LTD AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 12 DECEMBER 2014

Application for approval of the Mega Refrigeration Services Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Mega Refrigeration Services Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015 (the Agreement), 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2014. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Mega Refrigeration Services Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015. The application was brought before the Fair Work Commission. The primary issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement contained appropriate protections for employees, ensured a fair and reasonable process for resolving disputes, and was made in good faith.

The Commission considered the agreement's provisions and the evidence presented by both parties. It examined the agreement's compliance with the Act, including the requirement for fair and reasonable terms, and assessed whether the agreement provided adequate protections for employees. The Commission also evaluated the evidence regarding the agreement's negotiation process and whether it was made in good faith. The Commission concluded that the agreement met the necessary criteria for approval and was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the Mega Refrigeration Services Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015, finding that it contained fair and reasonable terms and was made in good faith. The Commission determined that the agreement provided adequate protections for employees and met the requirements of the Fair Work Act 2009. The decision was made in the interest of promoting harmonious, productive, and cooperative workplace relations.

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