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

[2013] FWCA 2593

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
(AG2013/980)

TRI TECH REFRIGERATION CONTRACTING & ENGINEERING QUEENSLAND 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 Contracting & Engineering Queensland 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 Contracting & Engineering Queensland Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015 (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 involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") for approval of the Tri Tech Refrigeration Contracting & Engineering Queensland Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015 (the "Agreement"). The dispute was heard by the Fair Work Commission (the "Commission"). The legal issues before the Commission were whether the Agreement was appropriately drafted, whether it complied with the relevant legislative provisions, and whether it was in the best interests of the employees.

The Commission considered that the Agreement was well-drafted and complied with the relevant legislative provisions. The Union and the employer had negotiated the Agreement in good faith, and it covered all the required matters. The Commission also found that the Agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission noted that the Agreement provided for a fair and reasonable process for the resolution of disputes between employees and the employer, and it contained provisions for the protection of employees' rights.

Based on the above findings, the Commission approved the Agreement. The Commission noted that the Agreement provided for fair and reasonable terms and conditions of employment, and it was in the best interests of the employees. The Commission also noted that the Agreement complied with the relevant legislative provisions, and it had been negotiated in good faith by the Union and the employer. The Commission approved the Agreement subject to certain conditions, including a requirement that the employer provide the Union with certain information and a requirement that the Union provide the employer with certain information.

The Commission made an order approving the Agreement subject to certain conditions. The order also included a requirement that the employer and the Union provide the Commission with certain information and a requirement that the employer and the Union comply with certain obligations under the relevant legislation. The Commission noted that the order was necessary to ensure that the Agreement was implemented in a fair and reasonable manner, and it was in the best interests of the employees.

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

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Legal Principle Established