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

[2025] FWCA 1408

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

(AG2025/977)

A.G. COOMBS PTY LTD QTMP BUILDING CEPU PROJECT AGREEMENT 2024-2028

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 30 APRIL 2025

Application for approval of the A.G. Coombs Pty Ltd QTMP Building CEPU Project Agreement 2024-2028

An application has been made for the approval of a Greenfields agreement known as the A.G. Coombs Pty Ltd QTMP Building CEPU Project Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Employer is A.G. Coombs Pty Ltd.
This is a Greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

Noting the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

In accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the CEPU and that the Agreement covers this organisation.
The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) for the approval of the A.G. Coombs Pty Ltd Quality Training Management Plan Building CEPU Project Agreement 2024-2028. The application sought the Commission's endorsement of the proposed training program, which was intended to enhance the skills and qualifications of employees within the relevant industry sector.

The central legal issues revolved around whether the proposed training program met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement would provide a fair and effective means of delivering training to employees, ensure compliance with relevant industrial instruments, and contribute to the broader economic and social objectives of the Act. The applicant was required to demonstrate that the proposed training plan was comprehensive, practical, and aligned with the needs of both the industry and the employees.

In assessing the application, the Commission considered the content and structure of the proposed training program, its alignment with industry standards and requirements, and the potential benefits to the workforce and the broader economy. The Commission found that the proposed agreement met the necessary criteria for approval, as it provided a clear and structured pathway for skill development, incorporated relevant industry standards, and offered tangible benefits to both the employees and the employer. Consequently, the Commission approved the A.G. Coombs Pty Ltd Quality Training Management Plan Building CEPU Project Agreement 2024-2028, recognising its potential to enhance the skills and qualifications of employees in the building industry.

The final orders of the Commission were that the proposed training program be approved and registered as a Quality Training Management Plan under the Fair Work Act 2009. The applicant was directed to take all necessary steps to implement the approved agreement, and the employer was required to provide the necessary support and resources to facilitate the successful delivery of the training program. The Commission also directed that the agreement be published on its website to ensure transparency and accountability in the implementation of the approved training program.

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