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

[2025] FWCA 2277

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

(AG2025/2129)

COMBINED COMMERCIAL AUSTRALIA PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH ROOFING & CLADDING ENTERPRISE AGREEMENT 2024-2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JULY 2025

Application for approval of the Combined Commercial Australia Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028

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 Combined Commercial Australia Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 (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 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 10 June 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 sought approval for the Combined Commercial Australia Pty Ltd and CEPU – Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028. The union argued that the agreement should be approved as a new, modern and contemporary enterprise agreement. Conversely, the employer contested the application, asserting that the agreement contained provisions that were not in line with the requirements of modern enterprise agreements, specifically those concerning flexibility and productivity.

The central legal issues before the court were whether the provisions of the proposed enterprise agreement met the criteria for a modern and contemporary agreement, as well as whether they were fair and reasonable in the context of the enterprise agreement approval process. The court needed to determine if the agreement's provisions, particularly those related to flexibility and productivity, were in compliance with the relevant legislative framework.

The Fair Work Commission assessed the proposed agreement against the criteria for modern and contemporary enterprise agreements, which include provisions that promote flexibility and productivity. The court found that while the agreement contained several provisions that aligned with these criteria, there were certain clauses that did not meet the required standards. Specifically, the court identified issues with the provisions concerning shift patterns and work hours, which it deemed to be too inflexible. After considering the arguments presented by both parties, the court concluded that the agreement, as a whole, was modern and contemporary but required some modifications to meet the criteria for flexibility and productivity. The court granted the application for approval, subject to certain amendments being made to 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