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

[2024] FWCA 2926

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

(AG2024/2899)

MELBOURNE REFRIGERATION SERVICES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH COMMERCIAL REFRIGERATION & SERVICE ENTERPRISE AGREEMENT 2024

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 9 AUGUST 2024

Application for approval of the Melbourne Refrigeration Services Pty Ltd and 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 Melbourne Refrigeration Services Pty Ltd and 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.

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

a)Clause 10.3.1: Personal leave – notice requirement; and
b)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 clauses 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 16 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

The matter before the Fair Work Commission involved an application for the approval of the Melbourne Refrigeration Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024. The application was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The primary dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for approval as a single-employer enterprise agreement.

The key legal issues before the Commission included whether the agreement adequately provided for employees' pay and conditions, whether it contained any prohibited content, and whether the agreement was made in good faith. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements for approval and if it met the standards of procedural fairness. The Commission also examined whether the agreement provided for appropriate mechanisms for dispute resolution.

The Fair Work Commission determined that the proposed enterprise agreement complied with the necessary provisions of the Fair Work Act and met the criteria for approval. The Commission found that the agreement provided for adequate pay and conditions, did not contain any prohibited content, and was made in good faith. Furthermore, the Commission was satisfied that the agreement adhered to the procedural requirements for approval and met the standards of procedural fairness. The Commission also noted that the agreement contained appropriate mechanisms for dispute resolution. As a result, the Fair Work Commission approved the Melbourne Refrigeration Services Pty Ltd and CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established