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

[2025] FWCA 1914

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

(AG2025/1688)

L U SIMON BUILDERS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2025

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JUNE 2025

Application for approval of the L U Simon Builders Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025

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 L U Simon Builders Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025 (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 10 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of the L U Simon Builders Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025. The union sought to have the enterprise agreement recognised as a modern award, effective from 1 July 2025. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the criteria for approval under section 233 of the Act. This required consideration of whether the agreement contained minimum terms and conditions that were no less favourable than the applicable modern awards and whether it provided for procedural fairness and good faith bargaining. The Commission also needed to determine if the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, as it contained provisions that were no less favourable than the relevant modern awards. It also included provisions for procedural fairness and good faith bargaining. The agreement appropriately balanced the interests of employers and employees, taking into account the specific needs and circumstances of the industry and the parties involved. The Commission approved the enterprise agreement, finding that it met all the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established