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

Case [2025] FWCA 1152
[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. The Agreement was approved on 4 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE528570  PR785836>

Annexure A

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 1152
Case
[2025] FWCA 1152
Decision Date

CaseChat Overview and Summary

The matter involved an application for approval of the Cooke & Dowsett (Albury) Pty Ltd and CEPU – Plumbing Division Victorian Branch (Regional Victoria) Enterprise Agreement 2023 - 2027. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the requirements for approval under the Fair Work Act 2009. The agreement was a proposed enterprise agreement between Cooke & Dowsett (Albury) Pty Ltd, an employer, and CEPU – Plumbing Division Victorian Branch (Regional Victoria), a registered union representing the employees.

The legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act and whether it contained any provisions that would be against the public interest. The procedural requirements included ensuring that the agreement was certified as uncomplicated by the Australian Industrial Relations Commission and that the appropriate bargaining representatives had been involved in the negotiation process. The Commission also needed to consider if any provisions in the agreement were contrary to the public interest, such as those that might undermine the safety, health, or welfare of employees.

The Commission found that the agreement met all procedural requirements and did not contain any provisions that would be against the public interest. The agreement had been certified as uncomplicated and the bargaining representatives had been appropriately involved in the negotiation process. The Commission also considered that the agreement contained provisions that were in the best interests of the employees, such as those relating to pay and conditions. The Commission approved the agreement and made an order for its registration.

The final order of the Commission was that the Cooke & Dowsett (Albury) Pty Ltd and CEPU – Plumbing Division Victorian Branch (Regional Victoria) Enterprise Agreement 2023 - 2027 be approved and registered under section 175 of the Fair Work Act 2009. The agreement was to be in effect from 1st July 2023 until 30th June 2027, and the Commission noted that any disputes arising from the agreement would be dealt with in accordance with the dispute resolution procedures set out in the agreement.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.