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

[2025] FWCA 2736

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

(AG2025/2675)

PLANET VIC PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 AUGUST 2025

Application for approval of the Planet Vic 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 Planet Vic 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 15 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between Planet Vic Pty Ltd and the CEPU – Plumbing Division (Vic). The union sought approval from the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute was the union's request for the agreement to be approved as a registered instrument, which would mean it would have a binding effect on the parties involved.

The legal issues the court had to address centred around whether the agreement complied with the requirements of the Fair Work Act 2009, including the provisions related to the bargaining process, the content of the agreement, and the provisions for dispute resolution. The court also had to determine if the agreement contained appropriate mechanisms for the resolution of any future disputes that may arise between the parties.

The court examined the bargaining process and found that the union and the employer had engaged in genuine and meaningful negotiations, which were documented and followed the required procedures. The court also assessed the content of the agreement, ensuring that it covered all the necessary minimum terms and conditions, including wages, hours of work, and other employment-related matters. The court was satisfied that the agreement provided for appropriate mechanisms for resolving any future disputes, including the establishment of a dispute resolution committee. Based on these findings, the court approved the enterprise agreement as a registered instrument. The final orders of the court were that the agreement be approved and registered as a registered instrument under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established