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

[2025] FWCA 1108

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

(AG2025/817)

WOODYS INSTALLATIONS PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (SHEETMETAL) ENTERPRISE AGREEMENT 2023-2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 APRIL 2025

Application for approval of the Woodys Installations Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) 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 Woodys Installations Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) 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.

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 1 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of a proposed enterprise agreement between Woodys Installations Pty Ltd and the CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027. The parties sought to have this agreement ratified under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the Honourable Member Dr. Peter Burn presiding.

The primary legal issue before the court was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was in the best interests of the employees it covered, if it contained appropriate dispute resolution mechanisms, and if it complied with the provisions of the Act. The court also needed to assess if the agreement was genuinely negotiated between the parties, and if it provided fair and reasonable terms and conditions for the employees.

In making its decision, the court examined the details of the proposed agreement and the evidence provided by both parties. The court found that the agreement contained provisions that were in the best interests of the employees, including fair wages, reasonable working hours, and adequate leave provisions. The court also noted that the agreement included effective dispute resolution mechanisms and that it had been genuinely negotiated between the parties. Having considered all the evidence and arguments, the court was satisfied that the proposed agreement met the criteria for approval under the Fair Work Act.

Accordingly, the court approved the CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027, effective from 1 April 2023, for a period of four years until 31 March 2027. This decision ensures that the employees covered by the agreement will benefit from fair and reasonable terms and conditions of employment, while also providing Woodys Installations Pty Ltd with the flexibility to manage its business effectively.

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