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

[2024] FWCA 2600

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

(AG2024/2487)

TRI TECH REFRIGERATION CONTRACTING & ENGINEERING PTY LTD AND THE CEPU – PLUMBING DIVISION VICTORIAN BRANCH COMMERCIAL REFRIGERATION & SERVICE ENTERPRISE AGREEMENT 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2024

Application for approval of the Tri Tech Refrigeration Contracting & Engineering Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Tri Tech Refrigeration Contracting & Engineering Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 12 July 2024.

DEPUTY PRESIDENT
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 lodged an application seeking approval of the Tri Tech Refrigeration Contracting & Engineering Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees within the commercial refrigeration and service sector, specifically those employed by Tri Tech Refrigeration Contracting & Engineering Pty Ltd.

The legal issues that the Commission was required to decide included whether the proposed agreement met the requirements under the Fair Work Act, particularly in relation to the provisions for minimum wages and conditions, the process of employee consultation, and the agreement’s overall fairness. Additionally, the Commission needed to ensure that the agreement did not undermine the protections afforded to employees under the National Employment Standards.

In reaching its decision, the Commission considered the provisions of the Fair Work Act and the principles of procedural and substantive fairness. The Commission noted that the agreement had been the subject of extensive bargaining between the parties, with significant consultation processes undertaken to ensure employee participation. The Commission was satisfied that the agreement provided for minimum wages and conditions that were no less favourable than those provided by the relevant awards and the National Employment Standards. Furthermore, the Commission found that the agreement did not contain any provisions that were contrary to the public interest. Based on these findings, the Commission approved the agreement, noting its compliance with the relevant statutory requirements and its overall fairness to the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established