Codex Plumbing Pty Ltd

[2025] FWCA 2265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Codex Plumbing Pty Ltd

(AG2025/2072)

CODEX PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2025

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2025

Application for approval of the Codex Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025

Codex Plumbing Pty Ltd has made an application for approval of an enterprise agreement known as the Codex Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights was not provided to employees within 14 days of notification time. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The 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. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 9 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Codex Plumbing Pty Ltd, a plumbing company, and the CEPU – Plumbing Division (Vic) sought approval for the Plumbing Enterprise Agreement 2025 from the Fair Work Commission. The agreement was intended to govern the employment terms and conditions of employees within the company. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the agreement provided for the minimum entitlements required by the Fair Work Act, and whether it was free from prohibited content. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and complied with all relevant legislative requirements. Additionally, it was necessary to examine whether the agreement had been made in accordance with the processes outlined in the Fair Work Act.

The Commission examined the agreement in detail, considering its provisions and the submissions made by the parties. It found that the agreement met all the statutory requirements, including the provision of minimum entitlements and the absence of prohibited content. The Commission was satisfied that the agreement was in the best interests of the employees and had been made in accordance with the legislative processes. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Plumbing Enterprise Agreement 2025, finding it to be compliant with the Fair Work Act and in the best interests of the employees. This decision allows the agreement to be registered and enforceable, providing a clear framework for the employment terms and conditions of employees within Codex Plumbing Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established