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

[2013] FWCA 6704

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
(AG2013/2722)

NU-TECH GROUP (VIC) PTY LTD AND CEPU PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 9 SEPTEMBER 2013

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

[1] An application has been made for approval of a single-enterprise agreement known as the Nu-Tech Group (Vic) Pty Ltd and CEPU Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015 (the Agreement). The application was made 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 16 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 an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, seeking approval of the Nu-Tech Group (Vic) Pty Ltd and CEPU Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015. The application was heard in the Fair Work Commission. The dispute centred on the terms and conditions of employment within the commercial refrigeration sector between the union and the employer, focusing on whether the proposed agreement was fair and reasonable under the Fair Work Act 2009.

The court was required to determine whether the agreement met the criteria for approval under section 234 of the Act. This included assessing whether the agreement promoted high levels of productivity and economic efficiency, maintained harmonious, productive and flexible workplace relationships, and facilitated the development of cooperative workplace relations. The court also had to consider whether the agreement provided for appropriate mechanisms for dispute resolution, and if it allowed for flexibility in the workforce and workplace practices.

In examining the agreement, the Commission found that it included provisions that promoted productivity and economic efficiency, as well as mechanisms for dispute resolution that were fair and reasonable. The agreement also facilitated flexible workplace practices and harmonious workplace relationships. The court was satisfied that the agreement met the criteria for approval under the Act, and thus granted the application for approval of the agreement. The final orders included the approval of the Nu-Tech Group (Vic) Pty Ltd and CEPU Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established