Ridge Commercial Pty Ltd

[2014] FWCA 6109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridge Commercial Pty Ltd
(AG2014/7292)

RIDGE COMMERCIAL PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2014

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Ridge Commercial Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ridge Commercial Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2014 (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 Applicant). The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

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

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CEPU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ridge Commercial Pty Ltd, along with the CEPU - Plumbing Division (Vic), sought approval of the Enterprise Agreement 2014 in the Fair Work Commission. The agreement was put forward by the employer, and the union, representing the employees, did not oppose the application. The nature of the dispute was the formal endorsement of the agreement, which outlines terms and conditions of employment for the workers involved.

The legal issues before the Commission involved assessing whether the agreement met the requirements set out in the Fair Work Act 2009, particularly focusing on the provisions that mandate agreements to be in the best interests of the employees and to provide for fair remuneration and conditions. The Commission also had to consider whether the agreement had been genuinely bargained between the employer and the union. Given that the union did not contest the application, the main focus was on the employer's adherence to the legislative criteria and the substantive fairness of the agreement.

In deliberating on these issues, the Commission examined the terms of the agreement, the process by which it was negotiated, and the evidence provided regarding its benefits to the employees. The Commission found that the agreement contained provisions that were fair and reasonable, and it was satisfied that the employer had acted in good faith and had genuinely bargained with the union. The terms of the agreement were deemed to be in the best interests of the employees, as they provided for appropriate remuneration and conditions of employment. Consequently, the Commission approved the application for the agreement's endorsement.

The Fair Work Commission approved the Enterprise Agreement 2014 between Ridge Commercial Pty Ltd and CEPU - Plumbing Division (Vic). The agreement was set to take effect from the date of the approval and would govern the employment terms and conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established