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

[2025] FWCA 1780

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

(AG2025/1456)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MAY 2025

Application for approval of the Ramsay Supplies 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 Ramsay Supplies 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 27 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 Ramsay Supplies Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026. The dispute centred on whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in terms of the minimum entitlements it provided for employees. The application was brought by the union, and the employer, Ramsay Supplies Pty Ltd, was also a party to the proceedings.

The key legal issues before the court were whether the collective agreement met the threshold criteria for approval under section 232 of the Fair Work Act, including whether it provided for the minimum entitlements as prescribed by law and whether it was consistent with the objects of the Act. Additionally, the court needed to consider if the agreement was made in good faith and whether it contained provisions that were contrary to public policy.

The Fair Work Commission found that the collective agreement did not fully meet the threshold criteria for approval. It did not provide for the minimum entitlements for employees as required by law. The Commission emphasised that the agreement needed to ensure employees received the basic protections outlined by the Fair Work Act, which it did not adequately do. Consequently, the application for approval was dismissed. The Commission noted that while the agreement was made in good faith, its failure to meet the statutory requirements was fatal to its approval.

The final orders of the Commission were that the application for approval of the Ramsay Supplies Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2024 – 2026 was dismissed. The Commission directed the union and the employer to review and amend the agreement to ensure it complied with the Fair Work Act and then resubmit it for approval if they wished to proceed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established