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

[2025] FWCA 3103

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

(AG2025/3029)

P&R PLUMBING & GASFITTING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 SEPTEMBER 2025

Application for approval of the P&R Plumbing & Gasfitting Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

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 P&R Plumbing & Gasfitting Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (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 17 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Plumbing Enterprise Agreement 2024-2027 between P&R Plumbing & Gasfitting Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic). The application was lodged under the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the agreement as a registered agreement, which would then become legally binding on the parties. The central dispute revolved around whether the agreement met the statutory requirements for registration and if it was fair and reasonable in all its terms.

The court was required to determine whether the agreement contained all the prescribed terms, was free from prohibited content, and was negotiated in good faith. Additionally, the court had to consider whether the agreement provided for a fair and equitable outcome for all parties, including the protection of vulnerable employees. The court also had to assess if the agreement adhered to the principles of procedural fairness and if there was sufficient evidence to demonstrate that the agreement was the product of genuine bargaining between the employer and the union.

In making its decision, the court examined the terms of the agreement and the evidence provided by both parties. The court found that the agreement contained all the necessary prescribed terms and was free from prohibited content. It was also satisfied that the agreement was the product of genuine bargaining and provided for a fair and equitable outcome for all parties involved. The court further determined that the agreement adhered to the principles of procedural fairness and was in line with the requirements of the Fair Work Act 2009.

Following its findings, the court approved the agreement, which was then registered as a protected action agreement under the Fair Work Act 2009. This decision provided legal certainty to the terms of the agreement, ensuring that it would be enforceable between the employer and the union for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established