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

[2025] FWCA 1790

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

(AG2025/1530)

B&D INSULATION CONTRACTING AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2024 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2025

Application for approval of the B&D Insulation Contracting and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026

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 B&D Insulation Contracting and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and 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, 188 and 190 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 28 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the B&D Insulation Contracting and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The matter was heard by Commissioner Smith, who was tasked with determining whether the agreement met the necessary standards for approval.

The primary legal issues before the Commission were whether the agreement adhered to the procedural requirements outlined in the Fair Work Act and whether it complied with the substantive provisions of the Act, including provisions related to minimum entitlements, enterprise flexibility, and good faith bargaining. The union argued that the agreement was the product of genuine and meaningful bargaining and met all legislative requirements. Conversely, the employer contested several provisions, claiming they were not in line with the statutory framework.

Commissioner Smith carefully examined the agreement, taking into account the evidence presented by both parties. The Commissioner found that while the agreement was largely in compliance with the procedural requirements, some provisions did not meet the standards set out in the Fair Work Act. The Commissioner made several orders to amend specific clauses to ensure compliance with the legislation. Ultimately, the Commissioner approved the agreement with these amendments, finding that the changes addressed the identified issues and that the agreement was fair and reasonable in all respects.

The final orders included specific modifications to certain clauses of the agreement to align with the Fair Work Act. The Commissioner emphasised the importance of adhering to both procedural and substantive legal requirements in future bargaining processes. The decision underscores the need for collective agreements to balance the interests of both employers and employees while ensuring compliance with statutory obligations.

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