Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWCA 4795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/1807)

ADAPT REFRIGERATION PTY LTD AND CEPU PLUMBING DIVISION (VIC) REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 21 JULY 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the Adapt Refrigeration Pty Ltd and CEPU Plumbing Division (Vic) Refrigeration Agreement 2012-2015. (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 28 July 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Adapt Refrigeration Pty Ltd and CEPU Plumbing Division (Vic) Refrigeration Agreement 2012-2015. The matter was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement, which was intended to regulate employment conditions for refrigeration workers under Adapt Refrigeration Pty Ltd, complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the requirements for a "registered agreement" under section 173 of the Act, and whether it satisfied the "better off overall test" under section 183. The Commission also considered whether the agreement was "in the interests of the national system" as required by section 186, and if it adhered to the "good faith" obligations under section 187.

In reaching its decision, the Commission examined the negotiation process and the content of the agreement. It determined that the agreement was appropriately negotiated in good faith and that it met the statutory criteria. The Commission found that the agreement was better off overall for the employees and that it did not undermine the national system of industrial relations. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Adapt Refrigeration Pty Ltd and CEPU Plumbing Division (Vic) Refrigeration Agreement 2012-2015, confirming its compliance with the Fair Work Act 2009 and its suitability as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established