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

[2025] FWCA 2237

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

(AG2025/2118)

EQUAL AIR PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JULY 2025

Application for approval of the Equal Air 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 Equal Air 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 8 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") for approval of the Equal Air Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the "Agreement"). The Union sought to have the Agreement registered under the Fair Work Act 2009, which requires that enterprise agreements be approved by the Commission if they are to have effect. The primary dispute centred on whether the Agreement complied with the relevant legislative and regulatory framework.

The central legal issues the Commission was required to address were whether the Agreement satisfied the procedural requirements for its approval and whether it met the substantive criteria set out in the Fair Work Act, including provisions relating to minimum wages, penalty rates, and other employment conditions. The Commission also had to consider whether the Agreement contained any provisions that were contrary to public policy or not in the best interests of the employees or employers.

In determining whether the Agreement met the necessary criteria, the Commission examined the bargaining process and the contents of the Agreement. The Commission found that the bargaining process had been conducted in accordance with the legal requirements and that the Agreement itself contained provisions that were fair and reasonable. The Agreement was found to provide for appropriate minimum wages and penalty rates, and the Commission was satisfied that it did not contain any provisions that were contrary to public policy or detrimental to the interests of the parties involved. Accordingly, the Commission approved the Agreement, finding it to be compliant with all relevant legislative requirements.

The Fair Work Commission approved the Equal Air Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, determining that it met all the necessary procedural and substantive criteria for registration. The Agreement was registered under the Fair Work Act 2009, and it will now govern the employment conditions of the employees covered by the Agreement for the period 2024 to 2027.

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