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

[2025] FWCA 1759

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

(AG2025/1505)

BEACONSFIELD ROOFING AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MAY 2025

Application for approval of the Beaconsfield Roofing 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 Beaconsfield Roofing 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 27 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the Beaconsfield Roofing and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was brought under the Fair Work Act 2009. The court was required to consider whether the Agreement met the requirements of the Act for approval.

The primary legal issue before the court was whether the Agreement complied with the procedural and substantive requirements set out in the Fair Work Act for enterprise agreements to be approved. This included verifying that the Agreement was made in good faith and that the necessary bargaining processes had been followed. The court also had to assess whether the Agreement contained all the mandated terms and conditions as required by the Act, and whether it met the best-interest test for approval.

The court determined that the Agreement met all the necessary requirements for approval. It found that the Agreement was made in good faith, that the requisite bargaining processes had been followed, and that it contained all the mandated terms and conditions. The court further found that the Agreement met the best-interest test, as it provided for fair and reasonable terms for the employees covered by the Agreement. Therefore, the court approved the Agreement.

The court's final order was that the Beaconsfield Roofing and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 be approved under the Fair Work Act 2009. The Agreement was to be registered with the Fair Work Commission, and it would then come into effect on the date specified within the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established