| [2025] FWCA 2926 |
| 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
(AG2025/2874)
ADVANCED INSULATION & FABRICATIONS AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2024 - 2026
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 1 SEPTEMBER 2025 |
Application for approval of the Advanced Insulation & Fabrications and CEPU Plumbing Division Lagging Union Collective Agreement 2024 - 2026
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 Advanced Insulation & Fabrications and CEPU Plumbing Division Lagging Union Collective Agreement 2024 - 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
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 1 September 2025.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 2926
- Case
- [2025] FWCA 2926
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court included whether the agreement was a genuine collective agreement, whether it was made in good faith, and whether it complied with the provisions of the Fair Work Act. The union argued that the agreement was a genuine product of collective bargaining and was made in good faith. The court needed to assess the evidence and arguments presented by the union to determine if these conditions were satisfied.
The court examined the process through which the agreement was formed and whether it involved genuine negotiations between the union and the employer. The court also considered whether the agreement contained the necessary terms and conditions required by the Act, and if there were any provisions that could be considered unfair or contrary to public policy. After reviewing the evidence, the court found that the agreement was a genuine collective agreement, made in good faith, and complied with the statutory requirements. The court approved the agreement under the Fair Work Act.
The court's decision was based on the evidence provided by the union, which demonstrated that the agreement was the result of genuine negotiations and contained terms and conditions that were fair and not contrary to public policy. The court concluded that the union had met the necessary criteria for the approval of the collective agreement. The court issued an order approving the Advanced Insulation & Fabrications and CEPU Plumbing Division Lagging Union Collective Agreement 2024-2026.
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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