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

[2025] FWCA 2719

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

(AG2025/2607)

NRS CONTRACTORS PTY LTD AND THE CEPU – PLUMBING DIVISION VICTORIAN BRANCH COMMERCIAL REFRIGERATION & SERVICE ENTERPRISE AGREEMENT 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 AUGUST 2025

Application for approval of the NRS Contractors Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024

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 NRS Contractors Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024 (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 to 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 14 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of NRS Contractors Pty Ltd and the CEPU – Plumbing Division Victorian Branch, applied for the approval of the Enterprise Agreement. The application was made under section 233 of the Fair Work Act 2009. The agreement in question is the Enterprise Agreement 2024, which pertains to the commercial refrigeration and service sector within Victoria.

The legal issues before the Commission involved determining whether the agreement met the requirements set out in the Fair Work Act, particularly concerning the procedural fairness and the bargaining process. The Commission had to assess if the agreement was made in good faith, whether it was properly bargained, and if it contained the necessary provisions to be considered a simple, fair, and adaptable enterprise agreement. Additionally, the Commission needed to consider if the agreement was consistent with the provisions of the National Employment Standards and if it complied with the relevant laws concerning minimum wages and conditions.

The Fair Work Commission carefully examined the bargaining process and the content of the agreement. It found that the agreement was indeed made in good faith and that the bargaining process was fair and transparent. The Commission confirmed that the agreement met all the statutory requirements and contained the necessary provisions to be considered a simple, fair, and adaptable enterprise agreement. The Commission further found that the agreement was consistent with the provisions of the National Employment Standards and complied with the relevant laws concerning minimum wages and conditions. Consequently, the Commission approved the Enterprise Agreement 2024.

The Commission's final order was that the Enterprise Agreement 2024 between NRS Contractors Pty Ltd and the CEPU – Plumbing Division Victorian Branch be approved. This approval signifies that the agreement will have legal effect from the date of the Commission's decision, binding both parties to the terms and conditions outlined within the agreement.

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