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

[2025] FWCA 2786

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

(AG2025/2702)

MATT BURKE DRAINAGE AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 AUGUST 2025

Application for approval of the Matt Burke Drainage 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 Matt Burke Drainage 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 20 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed in the plumbing sector, and Matt Burke Drainage, the employer. The dispute centred around the approval of the proposed Matt Burke Drainage and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The union sought the Commission’s approval of the agreement, which outlined terms and conditions of employment for the employees covered by the agreement.

The legal issues the Commission had to address included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, and if it contained terms that were unfair. The Commission examined the agreement’s provisions on minimum wages, penalty rates, leave entitlements, and other employment conditions to determine compliance with the relevant legislative framework. Additionally, the Commission considered whether the agreement contained any terms that were contrary to public policy or had the potential to undermine the protections afforded to employees under the Fair Work Act.

In delivering its decision, the Commission noted that the proposed agreement generally complied with the statutory requirements and contained terms that were not unfair. The Commission highlighted that the agreement provided for appropriate minimum wages and penalty rates, as well as adequate leave entitlements for the employees. However, the Commission made a minor amendment to the agreement, removing a term that it found to be contrary to public policy. Having considered all the evidence and arguments presented, the Commission approved the agreement with the minor amendment. The decision was made in the interest of ensuring fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Matt Burke Drainage and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, with the minor amendment to remove the term found to be contrary to public policy. The approval is effective from the date of the decision and will apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established