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

[2025] FWCA 1876

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

(AG2025/1605)

RYDERPLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2025

Application for approval of the RyderPlumbing Pty Ltd 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 RyderPlumbing Pty Ltd 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 5 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 the Ryder Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The union and the employer sought the Commission's endorsement of the agreement, which was reached through negotiations between the parties. The key issues centred on whether the agreement complied with the relevant legislative framework and provided for fair and reasonable terms for employees. The Commission was required to assess whether the agreement met the criteria for approval, including its alignment with the objectives of the Fair Work Act 2009, and whether it contained any provisions that were contrary to public policy or otherwise objectionable.

The Commission considered the provisions of the agreement and the submissions made by both parties. It examined whether the agreement provided for a fair and reasonable rate of pay, including any allowances, and whether it addressed other conditions of employment such as hours of work, leave entitlements, and other benefits. The Commission also evaluated the bargaining process, ensuring that the agreement had been reached through genuine negotiations. The union and employer presented evidence and arguments supporting the agreement's compliance with legal requirements and its benefits to both parties. The Commission weighed these considerations in determining whether the agreement should be approved.

In its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the provisions of the Fair Work Act 2009. The Commission accepted that the agreement had been reached through genuine negotiations and that it would serve the interests of both the employees and the employer. The Commission approved the Ryder Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision.

The Fair Work Commission's decision included specific orders confirming the approval of the enterprise agreement. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Ryder Plumbing Pty Ltd covered by the agreement. The Commission noted that any disputes arising under the agreement would be subject to the dispute resolution provisions contained within it. The decision provided clarity and certainty for both the union and the employer regarding the terms and conditions of employment for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established