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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Trustee for Tri Tech Refrigeration Contracting and Engineering Unit Trust, the Fair Work Commission was asked to approve the Tri Tech Refrigeration Contracting & Engineering Pty Ltd and the CEPU Plumbing Division Victorian Branch Commercial Refrigeration Enterprise Agreement 2019 - 2022. The dispute arose between the employer, represented by Tri Tech Refrigeration Contracting & Engineering Pty Ltd, and the employees, represented by the CEPU Plumbing Division Victorian Branch. The primary issue before the Commission was whether the agreement met the criteria for approval as stipulated in the Fair Work Act 2009.

The Commission needed to determine if the agreement was fairly and properly negotiated, if it contained the necessary minimum terms and conditions, and if it complied with the provisions of the Fair Work Act. Additionally, the Commission assessed if the agreement was in the best interests of the employees and whether it promoted harmonious, productive, and cooperative workplace relations. The arguments presented by both parties focused on various provisions of the agreement, including wages, working conditions, and dispute resolution mechanisms.

After thorough deliberation, the Commission concluded that the agreement was fairly and properly negotiated and contained the necessary minimum terms and conditions. The Commission found that the agreement promoted harmonious, productive, and cooperative workplace relations and was in the best interests of the employees. The Commission also determined that the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to be in writing and the need for the agreement to be certified by the Commission. Based on these findings, the Commission approved the agreement.

As a result of the Commission's decision, the Tri Tech Refrigeration Contracting & Engineering Pty Ltd and the CEPU Plumbing Division Victorian Branch Commercial Refrigeration Enterprise Agreement 2019 - 2022 is now a legally binding agreement between the employer and the employees. The agreement will govern the terms and conditions of employment for the employees covered by the agreement for the duration of the agreement.

The Trustee for Tri Tech Refrigeration Contracting and Engineering Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established