Retail FM Pty Ltd Summary

[2013] FWCA 8809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Retail FM Pty Ltd
(AG2013/9904)

RETAIL FM PTY LTD AND THE CEPU - PLUMBING DIVISION (VIC) COMMERCIAL REFRIGERATION AGREEMENT 2012 - 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 8 NOVEMBER 2013

Application for approval of the Retail FM Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012 - 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Retail FM Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Retail FM Pty Ltd.

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Retail FM Pty Ltd applied to the Fair Work Commission for approval of the Retail FM Pty Ltd and the CEPU - Plumbing Division (Vic) Commercial Refrigeration Agreement 2012 - 2015. The agreement was to cover employees of Retail FM Pty Ltd who were employed as commercial refrigeration fitters. The Plumbing Division of the Construction, Forestry, Mining and Energy Union opposed the application. The opposition was based on the argument that the agreement did not provide for an appropriate safety net for employees.

The legal issues before the Commission were whether the agreement provided for a safety net that was no less favourable than the applicable award, and whether the agreement was otherwise consistent with the objects of the Fair Work Act 2009. The Commission found that the agreement did provide for a safety net that was no less favourable than the applicable award, and that the agreement was otherwise consistent with the objects of the Act.

The Commission noted that the agreement provided for a range of protections for employees, including minimum rates of pay, penalty rates, leave entitlements, and conditions relating to termination of employment. The Commission also noted that the agreement provided for a dispute resolution procedure, which was an important safeguard for employees. The Commission was satisfied that the agreement provided for an appropriate safety net for employees, and that it was consistent with the objects of the Act.

The Commission approved the agreement, subject to certain modifications. These modifications related to the calculation of penalty rates and the definition of "commercial refrigeration fitter". The Commission also made an order that the agreement be registered as a certified agreement.

Retail FM Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established