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

[2024] FWCA 2583

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

(AG2024/2458)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JULY 2024

Application for approval of the Allstate Refrigeration Services 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 Allstate Refrigeration Services 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 11 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Enterprise Agreement between Allstate Refrigeration Services Pty Ltd and the CEPU – Plumbing Division Victorian Branch. The applicant sought to have the agreement, which was entered into under the Fair Work Act 2009, approved as a registered agreement. The dispute centred on whether the agreement complied with the requirements of the Act and was in the interests of the employees it covered. The Fair Work Commission heard the application.

The primary legal issue before the court was whether the agreement met the statutory criteria for registration under the Act. This involved examining whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was fair and appropriate for the employees it covered. The court also had to consider whether the agreement had been properly negotiated and whether there was sufficient evidence of support from the employees.

The Fair Work Commission found that the agreement complied with the statutory requirements and was in the interests of the employees. The court noted that the agreement had been negotiated in good faith and contained all the required minimum terms and conditions. It also found that the agreement was fair and appropriate, and that there was sufficient evidence of support from the employees. The Commission approved the agreement as a registered agreement under the Act.

The Fair Work Commission approved the agreement as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on all employees covered by it, and will regulate the terms and conditions of employment for those employees. The approval of the agreement ensures that the employees will receive the benefits and protections provided by the agreement, and that the employer will be required to comply with the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established