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

[2025] FWCA 1953

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

(AG2025/1539)

LAGWELL INSULATION PTY LTD AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2024 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JUNE 2025

Application for approval of the Lagwell Insulation 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 Lagwell Insulation 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 12 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed in the plumbing industry, and Lagwell Insulation Pty Ltd. The union sought approval for a collective agreement covering the period from 2024 to 2026. The agreement aimed to set out terms and conditions of employment for the employees of Lagwell Insulation Pty Ltd. The central dispute focused on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable in all its terms.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory provisions and whether it was appropriate to be approved as a registered agreement. This involved examining the fairness and reasonableness of the agreement's terms, the bargaining process, and whether the agreement met the criteria for approval as outlined in the Fair Work Act. Additionally, the Commission needed to consider the impact of the agreement on employees and the employer, ensuring that it did not unfairly disadvantage either party.

In rendering its decision, the Commission carefully reviewed the evidence provided by both parties, assessing the terms of the proposed agreement against the legal standards. The Commission found that the agreement met the statutory requirements and was fair and reasonable. It noted the thoroughness of the bargaining process and the efforts made by both parties to reach an agreement that balanced the interests of the employees and the employer. The Commission concluded that the agreement was in the best interest of the employees and would promote harmonious workplace relations. Consequently, the Commission approved the collective agreement, deeming it fit to be registered.

The final orders of the Commission were that the Lagwell Insulation Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms of the agreement will apply to the employees of Lagwell Insulation Pty Ltd for the specified period, providing certainty and stability in their employment conditions.

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