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

[2025] FWCA 1294

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

(AG2025/1026)

BL AIR CONDITIONING PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2025

Application for approval of the BL Air Conditioning Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 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 BL Air Conditioning Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026 (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 17 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied for approval of the BL Air Conditioning Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026 (the Agreement). The employer, BL Air Conditioning Pty Ltd, did not object to the application, although it did raise some minor concerns about the Agreement's provisions. The dispute centred on whether the Agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the Agreement contained all the mandatory terms required by the Act and whether it adhered to the principles of genuine agreement and good faith bargaining. The Union needed to demonstrate that the Agreement was not only the product of genuine bargaining efforts but also that it included all the mandated provisions. The employer's minor objections focused on specific clauses within the Agreement, raising questions about their enforceability and alignment with the Act.

After considering the evidence and submissions from both parties, the Commission found that the Agreement was the result of genuine bargaining efforts and included all mandatory terms as required by the Act. The Commission addressed each of the employer's concerns, determining that the clauses in question were both enforceable and in compliance with the legislation. Consequently, the Commission approved the Agreement, recognising it as a fair and balanced document that met all statutory requirements.

The final orders of the Commission were straightforward: the Agreement was approved in its entirety and would be registered with the Fair Work Commission. This decision ensures that the Agreement will serve as a binding contract between the Union and BL Air Conditioning Pty Ltd for the specified period, providing a framework for the terms and conditions of employment for the employees covered by the Agreement.

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