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

[2025] FWCA 2410

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

(AG2025/2296)

A.C.A INSULATIONS PTY LTD AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2024 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JULY 2025

Application for approval of the A.C.A Insulations Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026

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 A.C.A Insulations Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 22 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of a collective agreement between ACA Insulations Pty Ltd and the CEPU Plumbing Division Lagging Union for the period 2024 to 2026. The dispute involved whether the agreement met the necessary criteria for approval under relevant industrial legislation.

The primary legal issue the court had to address was whether the collective agreement complied with the statutory requirements for approval. This included examining if the agreement had been made in good faith, if it was fair and reasonable, and if it was made in accordance with the processes outlined in the applicable industrial relations laws. The court also needed to determine if the agreement met the specific criteria for approval as set out in the relevant legislation.

The court examined the terms and conditions of the agreement in detail, considering evidence from both parties. It found that the agreement had been made in good faith and was fair and reasonable. The court further determined that the agreement adhered to the prescribed processes and met all the statutory criteria for approval. As such, the court granted the application for approval of the collective agreement.

The final orders of the court were that the A.C.A Insulations Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026 be approved in accordance with the relevant industrial relations legislation.

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