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

[2025] FWCA 1113

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

(AG2025/823)

H & R PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 APRIL 2025

Application for approval of the H & R Plumbing Pty Ltd 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 H & R Plumbing Pty Ltd 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.

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 2 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a plumbing enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and H & R Plumbing Pty Ltd. The agreement was for the period of 2024 to 2027. The court was tasked with examining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues addressed by the court were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the Fair Work Act’s requirements for enterprise agreements. This included assessing whether the agreement was free from coercion and whether it provided for a fair and reasonable process for the resolution of disputes. The court also had to determine whether the agreement contained minimum terms and whether it was consistent with the Fair Work (Registered Organisations) Act 2009.

The court examined the provisions of the agreement and found that it included all necessary minimum terms and was free from any coercive conduct. It determined that the agreement was fair and reasonable, meeting the statutory requirements for approval. The court also found that the agreement provided an adequate process for the resolution of disputes, and that it complied with all relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. The court was satisfied that the agreement was suitable for approval.

The court approved the H & R Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, confirming that it met all necessary legal criteria and was fair and reasonable for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established