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

[2025] FWCA 2785

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

(AG2025/2706)

CUSTOM AIRCONDITIONING (AUST) PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 AUGUST 2025

Application for approval of the Custom Airconditioning (Aust) 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 Custom Airconditioning (Aust) 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 20 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application to the Fair Work Commission for the approval of the Custom Airconditioning (Aust) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which represented the employees, and Custom Airconditioning (Aust) Pty Ltd, the employer. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained the necessary provisions to be considered a "single, integrated document" and whether it complied with the "better off overall test." The Commission needed to determine if the agreement offered terms and conditions to the employees that were at least as good as, if not better than, the applicable awards or other relevant agreements. The Commission also had to consider whether the agreement included provisions that were not unfair or unreasonable, and if it adhered to the formal requirements set out in the Fair Work Act.

The Commission found that the agreement satisfied the requirement of being a single, integrated document as it included a comprehensive set of terms and conditions covering all aspects of employment. It also met the better off overall test, as the proposed terms and conditions were found to be at least as good as those in the relevant awards. The Commission noted that the agreement provided for various benefits, including wage increases and improved conditions for employees. Additionally, the agreement was deemed to be fair and reasonable, and it complied with all formal requirements under the Fair Work Act. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Custom Airconditioning (Aust) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The agreement now serves as the basis for the terms and conditions of employment for the employees covered by the agreement, effective from the date of approval.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established