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

[2025] FWCA 1016

[2025] FWCA 1016

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

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

(AG2025/737)

PROTECH NORTHERN REGION PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2025 - 2026

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 24 MARCH 2025

Application for approval of the Protech Northern Region Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2025 - 2026

1. An application has been made for approval of an enterprise agreement known as the Protech Northern Region Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2025 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and concerns I Protech Northern Region Pty Ltd (Protech).

1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement as required by s 187(5)(b).

Interaction with the National Employment Standards

1. Clause 5.3 of the Agreement provides that where there is a conflict between the terms of the Agreement and the statutory obligations contained in the National Employment Standards (NES), the NES shall take precedence to the extent of the conflict (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement: 

A.Clause 46.1.2 of the Agreement provides that carer’s leave is available in relation to partners, children and or other household or family members. To the extent that it is not clear from this clause that carer’s leave is available in relation to an immediate family member of an employee’s spouse or de facto partner I note that, the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply in any event.

B.Clause 44.2 provides that that the employer and a majority of affected employees may agree to substitute a public holiday for another day. This appears to be inconsistent with s.115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, rather than a majority of employees. However, when read in conjunction with the NES precedence clause 44.2 will have no effect to the extent of any inconsistency with s 115(3) of the Act.

Consideration

1. Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528442  PR785480>