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

[2025] FWCA 2236

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

(AG2025/2113)

FLOW CONTROL ENGINEERING 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 Flow Control Engineering 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 Flow Control Engineering 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 (FWC) involved an application for the approval of the Flow Control Engineering Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The parties to the agreement were Flow Control Engineering Pty Ltd, represented by its director, and CEPU – Plumbing Division (Vic), represented by its secretary. The dispute centred on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement contained the mandatory terms and conditions specified by the Act and whether it was made in good faith and without coercion.

The primary legal issue before the FWC was whether the enterprise agreement complied with the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained all the mandatory terms and conditions outlined in the Act, and whether it was made in good faith and without coercion. The FWC also needed to consider any objections to the agreement and the submissions made by the parties. In particular, the FWC had to ensure that the agreement provided for a fair and efficient workplace, while also protecting the rights of employees and employers.

After reviewing the evidence and submissions from both parties, the FWC determined that the enterprise agreement met the statutory requirements for approval. The FWC found that the agreement contained all the mandatory terms and conditions specified by the Fair Work Act, and that it was made in good faith and without coercion. The FWC also noted that the agreement provided for a fair and efficient workplace, while also protecting the rights of employees and employers. As a result, the FWC approved the Flow Control Engineering Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, and it came into effect on 1 January 2024.

The FWC's decision was communicated to the parties, and the approved enterprise agreement was registered with the Fair Work Ombudsman. The agreement now governs the employment conditions of employees within the covered scope, providing a framework for fair and efficient workplace relations between the employer and the union.

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