Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2025] FWCA 1152
•4 APRIL 2025
| [2025] FWCA 1152 |
| 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
(AG2025/826)
COOKE & DOWSETT (ALBURY) PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH (REGIONAL VICTORIA) ENTERPRISE AGREEMENT 2023 - 2027
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 4 APRIL 2025 |
Application for approval of the Cooke & Dowsett (Albury) Pty Ltd and CEPU – Plumbing Division Victorian Branch (Regional Victoria) Enterprise Agreement 2023 - 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 Cooke & Dowsett (Albury) Pty Ltd and CEPU – Plumbing Division Victorian Branch (Regional Victoria) Enterprise Agreement 2023 - 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.
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 4 April 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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