| [2025] FWCA 1842 |
| 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
(AG2025/1567)
TANK SERVICES PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH TANK INSTALLATION ENTERPRISE AGREEMENT 2024-2028
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 2 JUNE 2025 |
Application for approval of the Tank Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Tank Installation Enterprise Agreement 2024-2028
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 Tank Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Tank Installation Enterprise Agreement 2024-2028 (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 2 June 2025.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 1842
- Case
- [2025] FWCA 1842
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient workplace, taking into account the needs and interests of both the employees and the employer.
After reviewing the evidence and submissions presented by both parties, the Commission found that the proposed agreement contained all the mandatory terms as required by the Fair Work Act. Furthermore, the Commission was satisfied that the agreement was made in good faith and without any element of coercion. The terms of the agreement were deemed to provide for a fair and efficient workplace, balancing the interests of both the employees and the employer. Consequently, the Commission approved the Tank Installation Enterprise Agreement 2024-2028.
The Fair Work Commission approved the Tank Installation Enterprise Agreement 2024-2028 between Tank Services Pty Ltd and the CEPU - Plumbing Division – NSW Branch, effective from the date of the decision. The agreement will now govern the employment terms and conditions for the employees covered by the agreement for the period of 2024 to 2028.
Orders
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Background
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Evidence
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