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

[2013] FWCA 2589

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
(AG2013/967)

H & P REFRIGERATION ENGINEERS 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 H & P Refrigeration Engineers 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 H & P Refrigeration Engineers Pty Ltd and the CEPU-Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015 (the Agreement), 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 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval from the Fair Work Commission for the H & P Refrigeration Engineers Pty Ltd and the CEPU-Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015. The application for approval was made under section 234 of the Fair Work Act 2009. The application for approval was opposed by a party who was not identified in the text.

The legal issue that the Commission was required to decide was whether the application for approval should be granted. To do so, the Commission needed to consider whether the agreement was a "better off overall test" (BOOT) agreement, meaning that the overall terms and conditions of the agreement were no worse than those provided by the relevant award or registered agreement, and whether it was in the best interests of the employees. The Commission also needed to consider whether the agreement met the requirements of the Fair Work Act 2009.

In reaching its decision, the Commission noted that the agreement provided for wages and conditions that were no worse than those provided by the relevant award or registered agreement. The Commission also noted that the agreement provided for a number of benefits, including the establishment of a training and apprenticeship fund, which was in the best interests of the employees. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and granted the application for approval. The Commission made an order approving the agreement as a BOOT agreement and as being in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established