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

[2024] FWCA 3000

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

(AG2024/2975)

COLD CONCEPTS REFRIGERATION PTY LTD AND THE CEPU – PLUMBING DIVISION VICTORIAN BRANCH COMMERCIAL REFRIGERATION & SERVICE ENTERPRISE AGREEMENT 2024

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 14 AUGUST 2024

Application for approval of the Cold Concepts Refrigeration Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cold Concepts Refrigeration Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024 (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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 8.3.2.1: Redundancy.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (clause 6.2), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union filed an application seeking approval of the Cold Concepts Refrigeration Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024. The application was heard in the Fair Work Commission. The union sought the approval of the enterprise agreement, which was negotiated between the union and the employer. The dispute centred on the terms and conditions of employment for employees working in the commercial refrigeration and service industry, as outlined in the proposed agreement.

The primary legal issues before the Commission were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it met the requirements for approval under the Act. Specifically, the Commission had to consider whether the agreement was a "good faith" agreement, whether it was made in accordance with the relevant provisions of the Act, and whether it contained any provisions that were contrary to public policy or contrary to the spirit of the Act. The union argued that the agreement was fair and reasonable, while the employer emphasised the need for flexibility in the agreement to remain competitive in the industry.

After carefully reviewing the agreement and the submissions from both parties, the Commission found that the enterprise agreement was made in good faith and complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement contained no provisions that were contrary to public policy or the spirit of the Act. The Commission approved the enterprise agreement, stating that it provided a fair and reasonable framework for the employment of employees in the commercial refrigeration and service industry. The agreement was approved, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established