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

[2025] FWCA 2717

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

(AG2025/2602)

ADEPT CIVIL GROUP PTY LTD AND CEPU – PLUMBING DIVISION (VICTORIAN BRANCH) ENTERPRISE AGREEMENT 2025

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 AUGUST 2025

Application for approval of the Adept Civil Group Pty Ltd and CEPU – Plumbing Division (Victorian Branch) Enterprise Agreement 2025

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 Adept Civil Group Pty Ltd and CEPU – Plumbing Division (Victorian Branch) Enterprise Agreement 2025 (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

The matter before the Fair Work Commission involved an application for approval of the Enterprise Agreement between the Adept Civil Group Pty Ltd and the CEPU – Plumbing Division (Victorian Branch) for the period 2025. The Applicant, the CEPU – Plumbing Division (Victorian Branch), sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the legislation, including the substantive provisions and procedural fairness in its negotiation.

The primary legal issues addressed by the Commission were whether the agreement had been fairly negotiated and contained all the mandatory terms required by the Fair Work Act. The Commission also needed to determine if the agreement was in the best interests of the employees it covered and if it complied with the procedural requirements, such as the provision of relevant information to employees and the opportunity for their representation. Additionally, the Commission assessed if the agreement provided for appropriate mechanisms for dispute resolution.

In its decision, the Fair Work Commission found that the agreement had been fairly negotiated and contained all the mandatory terms as required by the Act. The Commission concluded that the substantive provisions of the agreement were reasonable and met the best interests of the employees. The procedural fairness requirements were also satisfied, with the Commission noting the union's efforts to ensure employees were adequately informed and could participate in the negotiation process. The agreement was therefore approved, and it will be registered as a certified agreement under the Fair Work Act.

The final orders of the Commission included the approval and registration of the Enterprise Agreement between Adept Civil Group Pty Ltd and the CEPU – Plumbing Division (Victorian Branch) for the period 2025. The agreement was to be registered by the Commission and would be binding on the parties from the date of registration. The Commission also directed that any transitional arrangements or other necessary steps be implemented in accordance with the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established