Commercial Hot Water and Maintenance Pty Ltd

Case [2025] FWCA 1203
[2025] FWCA 1203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commercial Hot Water and Maintenance Pty Ltd

(AG2025/881)

COMMERCIAL HOT WATER & MAINTENANCE PTY LTD AND CEPU – PLUMBING DIVISION (VICTORIAN BRANCH) ENTERPRISE AGREEMENT 2025

Plumbing industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 9 APRIL 2025

Application for approval of the Commercial Hot Water & Maintenance Pty Ltd and CEPU – Plumbing Division (Victorian Branch) Enterprise Agreement 2025

  1. Commercial Hot Water and Maintenance Pty Ltd has made an application for approval of an enterprise agreement known as the Commercial Hot Water & Maintenance 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). The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. The Agreement was approved on 9 April 2025.

DEPUTY PRESIDENT
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Details
AGLC
Commercial Hot Water and Maintenance Pty Ltd [2025] FWCA 1203
Case
[2025] FWCA 1203
Decision Date

CaseChat Overview and Summary

Commercial Hot Water and Maintenance Pty Ltd (CHW) sought approval of their enterprise agreement with the CEPU – Plumbing Division (Victorian Branch). The application was heard by the Fair Work Commission, with Deputy President G Maguire presiding. The union representing the employees, CEPU, did not oppose the application but submitted that certain provisions could be improved. The central dispute focused on the interpretation and approval of specific clauses within the proposed agreement.

The key legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether the agreement covered all relevant employees, provided for minimum entitlements, and was free from prohibited content. The court also considered whether certain provisions met the threshold criteria for better off overall and in the public interest.

The Fair Work Commission found that the agreement generally complied with the legislative requirements. The Deputy President concluded that the agreement covered all relevant employees and met the minimum entitlements. Despite the union's concerns about certain provisions, the court found that the overall agreement was fair and balanced. The Deputy President approved the agreement, noting that it provided a reasonable balance of benefits and obligations for both parties, and was in the best interests of the employees and the industry. The court issued an order approving the enterprise agreement as presented.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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