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

[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

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).

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

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

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.

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

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Protech Northern Region Pty Ltd. The union sought approval for a collective agreement governing their employees for the years 2025 to 2026. The court was tasked with determining whether the agreement met the necessary standards and requirements as per the Fair Work Act 2009. The legal issues at hand centred on whether the proposed terms of the agreement were fair and reasonable, and if they complied with relevant labour laws. Specifically, the court examined the provisions regarding wages, working conditions, and other employment terms to ensure they adhered to the principles of fairness and equity as mandated by the legislation.

In its decision, the court meticulously reviewed each clause of the proposed agreement. It assessed whether the terms provided a fair balance between the rights and obligations of the employer and the employees. The court also considered the economic context and the broader labour market conditions to ensure the agreement did not unfairly disadvantage either party. The union argued that the agreement was necessary to meet the specific needs of the industry, while the employer emphasised the need for flexibility to remain competitive. The court found that, overall, the agreement was fair and reasonable, meeting the statutory requirements. It approved the collective agreement, recognising the importance of the terms for both parties and the industry as a whole.

Consequently, the court granted the application for approval of the Protech Northern Region Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2025-2026. The decision affirmed that the agreement, as proposed, met the necessary legal standards and would be beneficial for both the employees and the employer. The court’s approval ensured that the terms would now be binding and enforceable under the Fair Work Act 2009.

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