| [2025] FWCA 3120 |
| 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
(AG2025/2953)
GRAF AUSTRALIA PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027
| Plumbing industry | |
| COMMISSIONER FOX | MELBOURNE, 18 SEPTEMBER 2025 |
Application for approval of the Graf Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027.
An application has been made for approval of an enterprise agreement known as the Graf Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7) of the Act.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved, and in accordance with s.54 of the Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 31 October 2027.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 3120
- Case
- [2025] FWCA 3120
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were whether the agreement was genuinely a bargain between the parties, if it met the requirements of the Fair Work Act, and if it was free from any unfair content. The court was also required to consider whether the agreement provided for appropriate mechanisms for the resolution of employee disputes and if it included provisions for the protection of employees' rights and interests. Additionally, the court had to assess if the union had followed the proper procedures in seeking approval of the agreement.
The Fair Work Commission found that the agreement was genuinely a product of bargaining between the parties and met the requirements of the Fair Work Act. The court emphasised the importance of the agreement's provisions for dispute resolution and employee protection. The Commission also noted that the union had followed the correct procedures in seeking approval of the agreement. Consequently, the court approved the Graf Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, recognising it as a valid and enforceable enterprise agreement.
The Fair Work Commission's final orders included the approval of the Graf Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees for the duration of the agreement. The decision was made in accordance with the provisions of the Fair Work Act 2009, ensuring the agreement's compliance with the necessary legal requirements.
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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