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

[2013] FWCA 2595

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
(AG2013/981)

TRI TECH REFRIGERATION VICTORIA PTY LTD AND THE CEPU - PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2012-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 29 APRIL 2013

Application for approval of the Tri Tech Refrigeration Victoria Pty Ltd and the 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 Tri Tech Refrigeration Victoria Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015 (the Agreement) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 6 May 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Tri Tech Refrigeration Victoria Pty Ltd. The Union sought approval of an industrial agreement, the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015, with the company. The Fair Work Commission was tasked with determining whether the agreement should be approved. The legal issues centred around whether the agreement met the necessary criteria for approval, particularly whether it was in the best interests of the employees, and whether it complied with relevant provisions of the Fair Work Act 2009.

The Commission found that the agreement contained provisions that were beneficial to the employees, including provisions for fair pay, reasonable hours, and health and safety measures. The Union argued that the agreement was in the best interests of the employees and that it complied with all relevant provisions of the Fair Work Act. The company, on the other hand, argued that the agreement was not in the best interests of the employees and that it contained provisions that were overly restrictive. The Commission considered the arguments of both parties and examined the contents of the agreement in detail.

After careful consideration, the Commission determined that the agreement was in the best interests of the employees and that it complied with all relevant provisions of the Fair Work Act. The Commission found that the agreement provided for fair pay and reasonable hours, and that it contained provisions for health and safety measures that were in line with industry standards. The Commission also found that the agreement did not contain any provisions that were overly restrictive or that would negatively impact the employees. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Tri Tech Refrigeration Victoria Pty Ltd. The Commission found that the agreement was in the best interests of the employees and that it complied with all relevant provisions of the Fair Work Act. The agreement provides for fair pay, reasonable hours, and health and safety measures that are in line with industry standards.

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