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

[2013] FWCA 5869

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
(AG2013/2353)

CHILLED INDUSTRIES PTY LTD AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 AUGUST 2013

Application for approval of the Chilled Industries Pty Ltd 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 Chilled Industries Pty Ltd 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 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application with the Fair Work Commission for the approval of the Chilled Industries Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015. Chilled Industries Pty Ltd contested the application, raising concerns about certain provisions of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained unfair provisions that would disqualify it from approval. In assessing this, the Commission considered whether the agreement provided for the terms and conditions of employment in a fair and reasonable manner, and whether it complied with the provisions of the Fair Work Act. The Commission also examined whether the agreement contained any provisions that were contrary to public policy or that would have an unreasonable impact on employers.

In reaching its decision, the Commission noted that the agreement provided for fair and reasonable terms and conditions of employment. The Commission found that while some provisions were contentious, they did not render the agreement unfair or contrary to public policy. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act. Accordingly, the Commission approved the agreement, subject to certain conditions that addressed the concerns raised by Chilled Industries Pty Ltd.

The Fair Work Commission approved the Chilled Industries Pty Ltd and Plumbers Union Vic Commercial Refrigeration Agreement 2012-2015, subject to certain conditions. These conditions included the removal of certain provisions that were found to be unfair, and the insertion of new provisions that addressed the concerns raised by Chilled Industries Pty Ltd. The Commission also imposed a requirement that the agreement be reviewed annually to ensure that it continued to meet the criteria for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established