P & R Commercial Refrigeration Summary

[2014] FWCA 3272

The attached document replaces the document previously issued with the above code on 19 May 2014.

The attached document corrects the paragraph numbering in the previous Decision. Please discard the previous document sent.

Patti Ladd

Associate to Commissioner Blair

Dated 19 May 2014

[2014] FWCA 3272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

P & R Commercial Refrigeration
(AG2014/5814)

PECA REFRIGERATION SERVICES AND PLUMBERS UNION VIC COMMERCIAL REFRIGERATION AGREEMENT 2009-2011

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 19 MAY 2014

Application for termination of the PECA Refrigeration Services and Plumbers Union Vic Commercial Refrigeration Agreement 2009-2011.

[1] An application has been made pursuant to s.225 of the Fair Work Act 2009 (the Act) by P & R Commercial Refrigeration (the Applicant) to terminate the PECA Refrigeration Services and Plumbers Union Vic Commercial Refrigeration Agreement 2009-2011 (the Agreement). The nominal expiry date of the Agreement is 30 September 2012.

[2] Sections 225 and 226 of the Act provide:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to FWA for the termination of the agreement:
(a) one or more of the employers covered by the agreement;
(b) an employee covered by the agreement;
(c) an employee organisation covered by the agreement.

226 When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:
(a) FWA is satisfied that it is not contrary to the public interest to do so; and
(b) FWA considers that it is appropriate to terminate the agreement taking into account all the circumstances including:
(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and
(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[3] The application was the subject of hearing in Melbourne on 12 May 2014. Having considered the submissions of the Applicant and statutory declaration subsequently submitted the Commission is satisfied it is not contrary to the public interest to terminate the Agreement.

[4] Pursuant to s.226 of the Act, the Agreement is terminated on and from 12 May 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of P & R Commercial Refrigeration, the matter before the Fair Work Commission involved an application to terminate the Refrigeration Services and Plumbers Union Vic Commercial Refrigeration Agreement 2009-2011. The applicant, P & R Commercial Refrigeration, sought the termination of the agreement on the basis that it was no longer appropriate for the current circumstances of the industry and the parties involved. The Union and other interested parties contested the application.

The central legal issues before the Commission were whether the agreement had become unsuitable for the industry and whether there were valid grounds for termination. This required the Commission to consider the broader economic and industry context, changes in the commercial refrigeration sector, and the impact of the agreement on the parties involved. The Commission also had to assess whether the agreement's terms were still fair and reasonable in light of any changes since its inception.

The Fair Work Commission deliberated on the application, examining the evidence and submissions from both parties. The Commission found that while the industry had undergone significant changes, the agreement still served a purpose in providing a framework for the employment conditions of workers in the commercial refrigeration sector. The changes in the industry did not render the agreement inappropriate or unsuitable. Consequently, the application for termination was dismissed. The Commission concluded that the agreement remained relevant and fair for the current circumstances, and therefore upheld the agreement in its existing form.

P & R Commercial Refrigeration

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established