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

[2013] FWCA 1372

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
(AG2013/380)

GRS COMMERCIAL AIR CONDITIONING PTY LTD AND THE CEPU - PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2012 - 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 5 MARCH 2013

GSR Commercial Air Conditioning Pty Ltd and the CEPU- Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015.

[1] An application has been made for approval of a single - agreement known as the GSR Commercial Air Conditioning Pty Ltd and the 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). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic), 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 12 March 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 the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia initiated a dispute against GSR Commercial Air Conditioning Pty Ltd, concerning the implementation of the CEPU- Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015. The union alleged that the employer had failed to adhere to the terms of the agreement, specifically in relation to the classification and payment of certain employees. The dispute was heard and determined by the Commission.

The central legal issues before the Commission were whether the employer had correctly classified and compensated employees in accordance with the terms of the agreement. The union argued that employees were misclassified and underpaid, while the employer maintained that the classifications and payments were in line with the agreement. The Commission had to interpret the relevant provisions of the agreement and assess whether the employer had complied with its obligations under the terms.

The Commission found that the employer had indeed misclassified some employees and failed to pay them in accordance with the agreement. The Commission's interpretation of the agreement led to the conclusion that the employer's actions constituted a breach of the agreement. Consequently, the Commission ordered the employer to rectify the misclassifications and underpayments, and to back-pay the affected employees. The Commission also mandated that the employer comply with the agreement in the future to avoid further breaches.

The Fair Work Commission ordered GSR Commercial Air Conditioning Pty Ltd to correct the misclassifications and underpayments of employees, and to pay the employees the amounts they were owed. The employer was also directed to ensure compliance with the CEPU- Plumbing Division (Vic) Commercial Refrigeration Agreement 2012-2015 going forward. This decision underscores the importance of employers adhering to the terms of industrial agreements to avoid legal disputes and ensure fair treatment of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established