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

[2025] FWCA 2077

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

(AG2025/1829)

AVANT-GARDE INSULATIONS NO2 PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (SHEETMETAL) ENTERPRISE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2025

Application for approval of the Avant-Garde Insulations No2 Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027

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 Avant-Garde Insulations No2 Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027 (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 25 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Avant-Garde Insulations No2 Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027. The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union). The dispute was about whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved and registered. The matter was heard in the Fair Work Commission.

The legal issues before the Commission included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it was fairly negotiated, and whether it met the ‘better off overall test’. The Union argued that the agreement was comprehensive and fairly negotiated, while Avant-Garde Insulations No2 Pty Ltd maintained that certain terms were not properly negotiated and did not meet the better off overall test.

The Commission considered the evidence presented by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement contained all the mandatory terms and that it was the product of genuine and fair negotiations. The Commission also found that the agreement met the better off overall test, as it provided for improvements in pay and conditions for employees that outweighed any detriments. Consequently, the Commission approved and registered the enterprise agreement.

The Fair Work Commission approved the Avant-Garde Insulations No2 Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027, finding it to be fairly negotiated and meeting the better off overall test. The agreement was registered, making it a legally binding contract between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established