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

[2025] FWCA 2686

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

(AG2025/2583)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 AUGUST 2025

Application for approval of the Drac Mechanical 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 Drac Mechanical 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 12 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was made to the Fair Work Commission for the approval of the Drac Mechanical Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The parties involved were the Drac Mechanical Pty Ltd, an employer in the plumbing industry, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, representing the employees in the plumbing division. The nature of the dispute was primarily procedural, focusing on the compliance and fairness of the proposed enterprise agreement under the Fair Work Act 2009.

The key legal issues before the court were whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly in terms of procedural fairness and whether it contained all the prescribed terms. The court had to ensure that the agreement was fairly negotiated and that it complied with the statutory obligations and standards set forth by the Fair Work Act. Additionally, the court had to determine if the agreement included all the necessary prescribed terms and provisions that are mandatory for an enterprise agreement under the Act.

The Fair Work Commission, in its decision, found that the proposed enterprise agreement was fairly negotiated and contained all the prescribed terms. The court noted that there was evidence of genuine bargaining between the parties and that the agreement addressed various aspects of employment conditions, including wages, working hours, leave provisions, and dispute resolution mechanisms. The Commission concluded that the agreement was fair and appropriate for the employees covered by it, and thus approved the enterprise agreement. The decision emphasised the importance of ensuring that such agreements are both procedurally fair and substantively reasonable.

As a result of the decision, the Drac Mechanical Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 was approved by the Fair Work Commission. The approval is effective from the date of the decision, and both parties are bound by the terms of the agreement. This decision ensures that the employees in the plumbing division will have a clear understanding of their employment conditions and rights under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established