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

[2025] FWCA 1921

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

(AG2025/1676)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JUNE 2025

Application for approval of the Martis Laggers 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 Martis Laggers 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 10 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 for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Martis Laggers Pty Ltd. The agreement, titled CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027, was submitted for endorsement by the union, which represented the employees in the plumbing and insulation sectors within Martis Laggers Pty Ltd. The dispute centred on the terms and conditions of employment, including wages, hours of work, leave entitlements, and other workplace provisions stipulated in the proposed agreement.

The primary legal issue the court had to address was whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for being a "bare essentials" agreement, including ensuring that it provided for minimum wages and conditions, and whether it was made in good faith and without the presence of any coercion or undue influence. Additionally, the court had to consider whether the agreement was procedurally sound, meaning it was negotiated fairly and the union had genuinely represented its members' interests.

The Fair Work Commission found that the enterprise agreement met all statutory requirements for approval. The agreement contained provisions for minimum wages and conditions, and the commission was satisfied that the union had negotiated in good faith. The union provided evidence of its consultation with members and their input into the agreement's terms, which demonstrated genuine representation of the employees' interests. Furthermore, the commission confirmed that the agreement was procedurally sound, as it had been negotiated without any undue influence or coercion. Based on these findings, the commission approved the agreement, allowing it to come into effect from the specified commencement date.

The final orders of the Fair Work Commission were that the CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027 be approved and registered with the Fair Work Commission. The agreement was to be binding on all parties from the date of registration, and the union was authorised to take any necessary steps to give effect to the agreement. This decision provided certainty for both the union and the employer, ensuring that the terms of employment were legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established