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

[2025] FWCA 2429

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

(AG2025/2314)

AUSWIDE PLUMBING & CIVIL PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JULY 2025

Application for approval of the Auswide Plumbing & Civil 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 Auswide Plumbing & Civil 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 23 July 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 Plumbing Enterprise Agreement between Auswide Plumbing & Civil Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic) for the period 2024 to 2027. The union sought approval for the agreement, which outlines terms and conditions for employees within the plumbing industry. The application was filed under the Fair Work Act 2009, which mandates the approval process for enterprise agreements to ensure they meet specific legislative criteria.

The legal issues the court needed to resolve centred on whether the agreement complied with the statutory requirements for enterprise agreements. This included assessing whether the agreement provided for fair and reasonable terms for employees, whether it was free from prohibited content, and whether the necessary consultation processes had been followed. The court also had to determine if the agreement satisfied the provisions of the Fair Work (Registered Organisations) Act 2009, particularly regarding the representation of employees and the fairness of the terms provided.

The Fair Work Commission found that the agreement met all necessary statutory requirements. The court examined the provisions of the agreement, including wage rates, working conditions, and dispute resolution mechanisms, and concluded that these terms were fair and reasonable. The agreement was found to be free from prohibited content and was deemed to have been negotiated in good faith. The Commission also confirmed that the necessary consultation processes had been followed and that the agreement appropriately represented the interests of the employees.

The Commission approved the Auswide Plumbing & Civil Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, thereby setting the terms and conditions for employees within the specified period. This approval ensures that the agreement is legally binding and enforceable, providing a framework for industrial relations between the employer and the union for the next three years.

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