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

[2025] FWCA 1686

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

(AG2025/1446)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MAY 2025

Application for approval of the Radco Plumbing 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 Radco Plumbing 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 21 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a new enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Radco Plumbing. This application was made under section 234 of the Fair Work Act 2009, seeking the Commission's formal approval of the terms of the Radco Plumbing and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The primary concern of the applicant was to ensure that the proposed agreement met all legal requirements and was in the best interests of the employees involved.

The legal issues central to this case revolved around whether the agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. The Commission had to determine if the agreement was genuinely negotiated and if it addressed the minimum rights and entitlements of the employees as stipulated by the Act. Furthermore, the Commission needed to assess whether the agreement contained any terms that were contrary to the public interest or that were otherwise unenforceable. The focus was on the fairness and reasonableness of the proposed terms, ensuring they were in line with contemporary workplace standards and practices.

In reaching its decision, the Commission carefully examined the negotiation process and the content of the agreement. It found that the agreement had been genuinely negotiated between the parties and contained terms that were fair and reasonable. The Commission noted that the agreement met all procedural requirements and that it provided for the minimum entitlements of employees as mandated by the Fair Work Act 2009. Importantly, the Commission also confirmed that the terms of the agreement did not contravene any public interest considerations. As a result, the Commission approved the Radco Plumbing and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, finding it to be compliant with all necessary legal standards.

The final orders of the Commission were to approve the enterprise agreement, effective from the date of the decision. This approval meant that the agreement would now serve as the basis for employment conditions between Radco Plumbing and the union for the specified period. The decision provided certainty and stability for both parties and ensured that the employees would benefit from the agreed terms.

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