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

[2013] FWCA 9889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/11792)

TRI TECH REFRIGERATION & ENGINEERING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ENTERPRISE AGREEMENT 2012-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 DECEMBER 2013

Application for approval of the TRI TECH REFRIGERATION & ENGINEERING PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the TRI TECH REFRIGERATION & ENGINEERING PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 24 December 2013. The nominal expiry date of the Agreement is30 September 2015.

DEPUTY PRESIDENT

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 for the TRI TECH REFRIGERATION & ENGINEERING PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2012 - 2015. The primary dispute involved the terms and conditions of employment under the proposed enterprise agreement, particularly concerning wage increases, working conditions, and dispute resolution mechanisms.

The legal issues before the court centred around the fairness and compliance of the agreement with the Fair Work Act 2009. The Union argued that the proposed terms were just and equitable, while the employer raised concerns about the financial implications and practicality of implementing the agreement. The court had to determine whether the agreement met the "better off overall test" and ensured employees were not disadvantaged compared to their previous conditions.

The court thoroughly examined the evidence presented by both parties, focusing on the economic viability of the proposed terms and the balance of benefits and detriments to the employees. It found that the agreement provided fair and reasonable terms for the employees, including adequate wage increases and improved working conditions, without imposing unreasonable financial burdens on the employer. The court also considered the practicality and enforceability of the dispute resolution mechanisms. Ultimately, the court approved the enterprise agreement, determining that it was fair and met the legislative requirements.

The final orders included the approval of the TRI TECH REFRIGERATION & ENGINEERING PTY LTD & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2012 - 2015, subject to its implementation in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established