DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/10050)

COMPLETE COOLING SOLUTIONS AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Complete Cooling Solutions 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 Complete Cooling Solutions 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 16 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 case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) seeking approval of the Complete Cooling Solutions and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015. The dispute was heard by the Fair Work Commission (the Commission). The legal issues the Commission was required to decide included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). The Commission considered whether the agreement contained the required minimum entitlements and whether it was likely to have a positive effect on the workplace relations system.

The Commission examined the agreement in detail and found that it did not contain the required minimum entitlements for employees. Specifically, the agreement did not include provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement was not likely to have a positive effect on the workplace relations system as it did not promote harmonious, productive, and cooperative workplace relations. The Commission noted that the agreement contained provisions that were overly restrictive and could potentially lead to industrial action. Based on these findings, the Commission refused to approve the agreement.

The Commission's decision was based on a careful analysis of the agreement and the relevant legal provisions. The Commission noted that the agreement did not meet the requirements of the Fair Work Act and Regulations and that it was not in the best interests of the employees or the broader workplace relations system. The Commission's decision highlights the importance of ensuring that enterprise agreements comply with the relevant legal requirements and promote positive workplace relations. The Commission's refusal to approve the agreement may have implications for the parties involved and for the broader workplace relations system.

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