Banjo Plumbing Pty Ltd

[2025] FWCA 3122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Banjo Plumbing Pty Ltd

(AG2025/3007)

BANJO PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VICTORIAN BRANCH) ENTERPRISE AGREEMENT 2025

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 SEPTEMBER 2025

Application for approval of the Banjo Plumbing Pty Ltd and CEPU – Plumbing Division (Victorian Branch) Enterprise Agreement 2025

Banjo Plumbing Pty Ltd has made an application for approval of an enterprise agreement known as the Banjo Plumbing Pty Ltd and CEPU – Plumbing Division (Victorian Branch) Enterprise Agreement 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the employee organisation that will be covered by the Agreement is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement was approved on 19 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between Banjo Plumbing Pty Ltd and the CEPU – Plumbing Division (Victorian Branch). The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Banjo Plumbing Pty Ltd, a small business engaged in plumbing services, had entered into an enterprise agreement with the union representing its employees. The union had sought to secure certain terms and conditions for its members, while the employer aimed to maintain operational flexibility.

The primary legal issues before the Commission were whether the agreement contained all the mandated provisions as per section 230 of the Fair Work Act and whether the agreement had been made in good faith and without any improper conduct, as required by section 231. The Commission needed to consider the specific terms of the agreement, the bargaining process, and whether there were any elements of coercion or undue influence. Furthermore, the Commission was required to assess whether the agreement provided for the proper protection of employee interests while allowing the employer to manage its business effectively.

In its decision, the Commission thoroughly examined the agreement and the evidence presented by both parties. The Commission found that the agreement contained all the mandated provisions and was made in good faith without any improper conduct. The agreement was deemed to provide fair and reasonable terms for both the employees and the employer. The Commission emphasised that the agreement included provisions for wages, hours of work, and other conditions of employment, all of which were considered to be reasonable and in line with the objectives of the Fair Work Act. The Commission approved the agreement, noting the balanced approach it took in addressing the interests of both parties.

The final orders of the Commission were that the Banjo Plumbing Pty Ltd and CEPU – Plumbing Division (Victorian Branch) Enterprise Agreement 2025 be approved as a registered agreement under section 175 of the Fair Work Act. The agreement would now be binding on the parties and their employees, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established