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

[2025] FWCA 2208

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

(AG2025/2078)

NORTHCO MECHANICAL SERVICES AND AIRCONDITIONING AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2025

Application for the Northco Mechanical Services and Airconditioning 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 Northco Mechanical Services and Airconditioning 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 4 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Northco Mechanical Services and Airconditioning, and the CEPU – Plumbing Division (Vic). The union sought to finalise a new enterprise agreement, the Northco Mechanical Services and Airconditioning and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The dispute centred on whether the proposed agreement met the criteria for being made a matter of order by the Fair Work Commission (FWC), ensuring it was fair and reasonable for the employees and the employer.

The central legal issue was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the requirement for the agreement to be fair and reasonable. This included assessing if the agreement was genuinely negotiated and whether it contained appropriate terms and conditions that were fair and reasonable for the employees. The court also considered if the FWC had followed proper procedures in approving the agreement and if there were any procedural errors that might have affected the outcome.

In its decision, the court examined the evidence and submissions presented by both parties. The union argued that the agreement was the result of genuine negotiations and met all necessary criteria. The employer maintained that the agreement was fair and reasonable and had been negotiated in good faith. After reviewing the documentation and hearing the arguments, the court found that the agreement was indeed fair and reasonable and had been negotiated in accordance with the law. The FWC's decision to make the agreement a matter of order was upheld, and no procedural errors were identified.

The court concluded that the Northco Mechanical Services and Airconditioning and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 was valid and enforceable. The application for the agreement to be made a matter of order was granted, and the agreement was confirmed as fair and reasonable. The union's application was successful, and the agreement was approved by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established