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

[2025] FWCA 1918

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

(AG2025/1669)

TRANSPLUMB EVENTS AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JUNE 2025

Application for approval of the Transplumb Events and CEPU – Plumbing Division (Vic) Plumbing 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 Transplumb Events and CEPU – Plumbing Division (Vic) Plumbing 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval of the Transplumb Events and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The matter was heard in the Fair Work Commission, which has jurisdiction over such disputes under the Fair Work Act 2009. The application was made to ensure that the proposed agreement met the legal requirements for approval and would not be detrimental to the interests of the employees or employers involved.

The primary legal issues the Commission needed to address were whether the agreement was fairly negotiated and met the criteria for approval under section 231 of the Fair Work Act. This included assessing whether the agreement provided for a fair and reasonable safety net for employees, and whether it complied with the process requirements under the Fair Work Act. The Commission also considered whether the agreement was in the best interests of the employees covered by it, and whether it contained any provisions that might be detrimental to the employees' employment conditions.

In deliberating on these issues, the Commission reviewed the negotiation process and the contents of the agreement. The Commission found that the agreement had been fairly negotiated and contained provisions that were fair and reasonable, providing an appropriate safety net for employees. The Commission also determined that the agreement met all the legal requirements for approval and was in the best interests of the employees. Consequently, the Commission approved the Transplumb Events and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, finding it to be a fair and reasonable agreement that met all the statutory requirements.

The Fair Work Commission, therefore, granted the application for approval of the agreement. This decision ensures that the agreement will now serve as a legally binding contract between the parties involved, providing a framework for the terms and conditions of employment for the duration of 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