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

[2013] FWCA 7250

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
(AG2013/2918)

ALPINE COOLING SERVICES AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the Alpine Cooling Services 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 Alpine Cooling Services and Plumbers Union 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. 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 and the Alpine Cooling Services and Plumbers Union Vic. The dispute was regarding the application for the approval of the Alpine Cooling Services and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015. The case was heard in the Fair Work Commission, which is a body established under the Fair Work Act 2009. The Commission was required to determine whether the agreement should be approved as a registered agreement under the Act.

The legal issues that the Commission had to decide were whether the agreement met the criteria for registration as a registered agreement, including whether it was made in good faith, whether it dealt with the employees’ terms and conditions of employment, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement was made in accordance with the relevant provisions of the Fair Work Act, including the requirement for the agreement to be in writing and to be approved by the Commission.

The Commission found that the agreement was made in good faith and dealt with the employees’ terms and conditions of employment. The Commission also found that the agreement was in the best interests of the employees, as it provided them with protections that were not available to them under the relevant awards. The Commission concluded that the agreement met all the criteria for registration and approved the Alpine Cooling Services and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015 as a registered agreement.

The Fair Work Commission approved the Alpine Cooling Services and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015 as a registered agreement under the Fair Work Act 2009. The agreement will now be in effect for the duration of the agreement and will provide the employees with the terms and conditions of employment set out in the agreement. The approval of the agreement by the Commission ensures that the employees will have access to the protections and benefits provided by the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established