Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Case [2025] FWCA 3120


[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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

Printed by authority of the Commonwealth Government Printer

<AE530457  PR791795>

Details
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 matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members employed by Graf Australia Pty Ltd, and the employer, Graf Australia Pty Ltd. The union sought approval of a proposed enterprise agreement, the Graf Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The dispute centred on the fairness and compliance of the agreement with the relevant legislative framework, particularly the Fair Work Act 2009.

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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