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

[2025] FWCA 2114

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

(AG2025/1933)

TOTAL INSULATION AUSTRALIA PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING/INSULATION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2025

Application for approval of the Total Insulation Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation 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 Total Insulation Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation 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 27 June 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 to approve the Total Insulation Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the court included whether the agreement met the statutory requirements for minimum entitlements, including wages, leave, and other conditions of employment. Additionally, the court had to consider whether the agreement provided for proper mechanisms for the resolution of disputes between the employer and employees, and whether it complied with the good faith bargaining provisions of the Act.

The Fair Work Commission determined that the proposed agreement was compliant with the statutory requirements. The court found that the agreement provided for adequate minimum entitlements for employees, including fair wages and leave provisions. It also noted that the agreement included effective dispute resolution mechanisms and adhered to the principles of good faith bargaining. Consequently, the court approved the enterprise agreement, confirming its compliance with all relevant legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established