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

[2025] FWCA 2002

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

(AG2025/1691)

MULGRAVE INSULATION (QLD) PTY LTD AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2024 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JUNE 2025

Application for approval of the Mulgrave Insulation (Qld) Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026

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 Mulgrave Insulation (Qld) Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and 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, 188 and 190 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 17 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

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 a collective agreement between the union and Mulgrave Insulation (Qld) Pty Ltd, concerning the CEPU Plumbing Division Lagging Union for the period 2024 to 2026. The union sought to have the agreement recognised as a lawful and fair workplace instrument that would protect and improve the working conditions and rights of its members.

The central legal issues that the Commission had to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it adhered to the principles of genuine collective bargaining. This included assessing if the agreement was made in good faith, whether it met the requirements for coverage and scope, and if it appropriately balanced the interests of both employers and employees.

The Commission found that the agreement was made in good faith, met the necessary coverage and scope criteria, and appropriately balanced the interests of both parties. It was determined that the agreement was fair and lawful, as it complied with the statutory requirements and adhered to the principles of genuine collective bargaining. Consequently, the Commission approved the collective agreement, confirming its validity and enforceability as a workplace instrument.

The final orders of the Commission included the approval of the Mulgrave Insulation (Qld) Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026, subject to the terms and conditions outlined in the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established