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

[2025] FWCA 2192

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

(AG2025/2047)

ACE CIVIL SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JULY 2025

Application for approval of the Ace Civil Services 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 Ace Civil Services 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 3 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Plumbing Enterprise Agreement between Ace Civil Services Pty Ltd and the CEPU – Plumbing Division (Vic) for the years 2024 to 2027. The union sought the Commission's approval of the agreement, which had been negotiated and agreed upon by the parties. The application was brought under the Fair Work Act 2009, which provides for the registration and approval of enterprise agreements that offer improved terms and conditions for employees. The central issue for the Commission was to determine whether the agreement met the statutory criteria for approval, including whether it provided for fair and better terms and conditions of employment than the relevant awards and whether it had been genuinely agreed upon by the parties.

The Commission considered various aspects of the agreement, including the wages and conditions, to ensure they were fair and better than the applicable awards. The Commission also examined the negotiation process and whether the agreement had been genuinely negotiated and agreed upon by the parties. In assessing these factors, the Commission took into account the evidence provided by the union and the employer, as well as any relevant background information. Ultimately, the Commission was satisfied that the agreement provided for fair and better terms and conditions of employment and that it had been genuinely negotiated and agreed upon by the parties.

Having found that the agreement met the statutory criteria for approval, the Commission approved the Plumbing Enterprise Agreement between Ace Civil Services Pty Ltd and the CEPU – Plumbing Division (Vic) for the years 2024 to 2027. The agreement will now provide the basis for the terms and conditions of employment for the employees covered by the agreement, offering them improved wages and conditions. The approval of the agreement is an important step in ensuring that employees in the plumbing industry receive fair and better terms and conditions of employment, while also promoting industrial peace and stability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established