Ridge Commercial Pty Ltd

[2024] FWCA 2104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridge Commercial Pty Ltd

(AG2024/1824)

RIDGE COMMERCIAL PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2024

Application for approval of the Ridge Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Ridge Commercial Pty Ltd has made an application for approval of an enterprise agreement known as the Ridge Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with the notice of employee representational rights (NERR) within 14 days of notification time. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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 7 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ridge Commercial Pty Ltd applied for approval of the Plumbing Enterprise Agreement between Ridge Commercial Pty Ltd and the CEPU – Plumbing Division (Vic) for the period 2024 to 2027. The application was heard by the Fair Work Commission (FWC), which has the jurisdiction to approve such agreements under the Fair Work Act 2009 (Cth). The key issue for the FWC to determine was whether the agreement met the requirements of the Act and the Fair Work Regulations 2009 (Cth), particularly whether it provided for the minimum entitlements and protected the employees' rights.

The FWC examined the provisions of the agreement to ensure compliance with the minimum standards prescribed by the Act and Regulations, including the minimum rates of pay, penalty rates, and leave entitlements. The FWC also assessed whether the agreement provided for proper consultation and negotiation processes between the employer and employees. Upon review, the FWC found that the agreement adequately addressed these requirements and provided for fair and reasonable terms and conditions of employment. Consequently, the FWC approved the agreement.

The FWC's decision was based on its thorough examination of the agreement and its satisfaction that it complied with the legislative framework. The FWC also noted that the agreement was the result of genuine negotiations between the parties and that it provided for a fair and balanced outcome for both employers and employees. The approval of the agreement ensures that employees within the covered scope will receive the minimum entitlements and protections provided by the Act and Regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established