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

[2025] FWCA 1787

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

(AG2025/1528)

LAGWORKS PTY LTD AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2024 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2025

Application for approval of the Lagworks Pty Ltd 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 Lagworks Pty Ltd 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

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU Plumbing Division Lagging Union, and Lagworks Pty Ltd. The union sought approval for a collective agreement covering the period from 2024 to 2026. The application was heard in the Fair Work Commission, which is tasked with approving such agreements to ensure they meet the criteria outlined in the Fair Work Act 2009.

The central legal issues before the court were whether the proposed agreement complied with the legislative requirements and whether it was made in good faith, without any undue influence. Specifically, the court needed to determine if the agreement was fair and reasonable for all parties involved, and if it adhered to the provisions of the Act that mandate good faith bargaining and the avoidance of coercion. The union argued that the agreement was the product of genuine negotiations, while Lagworks Pty Ltd raised concerns about certain provisions that it believed were unfair.

In its decision, the Fair Work Commission found that the agreement was generally fair and reasonable, reflecting the outcome of genuine negotiations between the parties. The court considered the evidence presented by both sides, including testimonies and documentation that detailed the bargaining process. It concluded that while there were some contentious elements, these did not outweigh the overall fairness of the agreement. The commission emphasised the importance of good faith and the absence of coercion in the formation of the agreement, finding that these standards were met in this instance.

The commission approved the collective agreement, subject to certain conditions that aimed to address the concerns raised by Lagworks Pty Ltd. These conditions were intended to ensure that the implementation of the agreement would not result in any undue hardship for the employer. The final orders included the approval of the agreement, with the specified conditions to be met by both parties.

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