The Trustee for Tri Tech Refrigeration Contracting and Engineering Unit Trust

[2020] FWCA 1922

[2020] FWCA 1922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Tri Tech Refrigeration Contracting and Engineering Unit Trust
(AG2020/941)

TRI TECH REFRIGERATION CONTRACTING & ENGINEERING PTY LTD AND THE CEPU PLUMBING DIVISION VICTORIAN BRANCH COMMERCIAL REFRIGERATION ENTERPRISE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 14 APRIL 2020

Application for approval of the Tri Tech Refrigeration Contracting & Engineering Pty Ltd and the CEPU Plumbing Division Victorian Branch Commercial Refrigeration Enterprise Agreement 2019 - 2022.

[1] An application has been made for the approval of an enterprise agreement known as the Tri Tech Refrigeration Contracting & Engineering Pty Ltd and the CEPU Plumbing Division Victorian Branch Commercial Refrigeration Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Tri Tech Refrigeration Contracting & Engineering Unit Trust. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of The Trustee for Tri Tech Refrigeration Contracting & Engineering Unit Trust, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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. In accordance with s.201(2) and based on the statutory declaration provided by the CEPU, I note that the Agreement covers the CEPU.

[5] The Agreement is approved and, in accordance with s.54, will operate from 21 April 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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