Ridge Commercial Pty Ltd

[2023] FWCA 273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridge Commercial Pty Ltd

(AG2022/5435)

RIDGE COMMERCIAL PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2022

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 27 JANUARY 2023

Application for approval of the Ridge Commercial Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ridge Commercial Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ridge Commercial Pty Ltd. The Agreement is a single enterprise agreement.

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

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2023. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Ridge Commercial Pty Ltd, an Australian company involved in the plumbing industry, applied for approval of the Enterprise Agreement 2022, which was entered into with the CEPU – Plumbing Division Victorian Branch. The dispute centred on whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with deciding this matter.

The court had to determine if the Enterprise Agreement complied with the provisions of the Fair Work Act, particularly sections 232 and 233. These sections outline the criteria for the approval of an enterprise agreement, including whether it provides for the appropriate terms and conditions of employment, and if it was made in good faith and without coercion. The court also considered whether the agreement had been certified by the Independent Bargaining Authority, as required by the Act.

The Commission found that the Enterprise Agreement did comply with the Act. It included appropriate terms and conditions of employment, and there was no evidence of bad faith or coercion in its creation. The agreement had also been certified by the Independent Bargaining Authority. Consequently, the Fair Work Commission approved the Enterprise Agreement, recognising it as a genuine attempt to facilitate fair and reasonable terms of employment between the parties involved.

The Fair Work Commission's approval of the Enterprise Agreement means that it will now be legally binding on the parties involved, providing a clear framework for their employment relationship. This decision underscores the importance of ensuring that enterprise agreements meet the legal requirements set out in the Fair Work Act, while also facilitating fair and reasonable terms of employment for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established