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

[2025] FWCA 2039

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

(AG2025/1862)

TANK VISION PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2024-2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JUNE 2025

Application for approval of the Tank Vision Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2024-2028

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 Tank Vision Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2024-2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 20 June 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Tank Vision Pty Ltd and CEPU - Plumbing Division – NSW Branch (the Employer) for the approval of the Plumbing Enterprise Agreement 2024-2028 (the Agreement). The Union and the Employer sought the Fair Work Commission's approval to ensure the Agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred around the terms and conditions set forth in the Agreement, which aimed to govern the employment relationship between the Union and the Employer for the specified period.

The primary legal issues before the Commission were whether the Agreement complied with the requirements of the Fair Work Act, including whether it contained the minimum terms and conditions as outlined in the relevant award, and whether it adhered to the principles of good faith bargaining and procedural fairness. The Union and the Employer had to demonstrate that the Agreement was the product of genuine negotiations and that it did not include any terms that would be contrary to public policy or be unfair.

In its decision, the Commission found that the Agreement met all the necessary requirements under the Fair Work Act. The Commission acknowledged the efforts of both parties in reaching a mutually beneficial agreement, which included provisions for wages, hours of work, leave entitlements, and other employment conditions. The Commission was satisfied that the Agreement was the result of good faith negotiations and that it did not contain any terms that would be contrary to public policy or be unfair. Consequently, the Commission approved the Agreement, confirming its validity and enforceability.

The Fair Work Commission approved the Tank Vision Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2024-2028, effective from the date of the Commission's decision. The Commission's approval ensures that the Agreement will govern the employment relationship between the Union and the Employer for the specified period, subject to the terms and conditions set out in the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established