| [2025] FWCA 3203 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2025/3104)
ADEPT DRAINAGE PTY LTD AND CEPU – PLUMBING DIVISION (VICTORIAN BRANCH) ENTERPRISE AGREEMENT 2025
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 22 SEPTEMBER 2025 |
Application for approval of the Adept Drainage Pty Ltd and CEPU – Plumbing Division (Victorian Branch) Enterprise Agreement 2025
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Adept Drainage 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.
While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. 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 22 September 2025.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 3203
- Case
- [2025] FWCA 3203
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in terms of minimum entitlements, bargaining obligations, and the proper conduct of the bargaining process. The court had to consider whether the agreement was made in good faith and whether it contained the minimum terms and conditions as stipulated by the Act.
The court, in considering the application, examined the agreement's provisions against the legislative requirements and assessed whether the agreement was fair and reasonable. The court found that the agreement adhered to the legislative framework and was made in good faith, with all mandatory terms and conditions included. The court also noted the procedural fairness in the bargaining process and the adequacy of the terms concerning pay and conditions for the employees. Consequently, the court approved the agreement, recognising it as compliant with the statutory requirements.
The final orders of the court approved the Adept Drainage Pty Ltd and CEPU – Plumbing Division (Victorian Branch) Enterprise Agreement 2025, effective from the date of the court's decision. The agreement was to be registered and enforceable as per the provisions of the Fair Work Act 2009.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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