| [2025] FWCA 947 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2025/625)
PERFECT PIPES TRADING PTY LTD & CEPU - PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023-2027
| Plumbing industry | |
| COMMISSIONER REDFORD | MELBOURNE, 19 MARCH 2025 |
Application for approval of the Perfect Pipes Trading Pty Ltd and CEPU - Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2023-2027
An application has been made for approval of an enterprise agreement known as the Perfect Pipes Trading Pty Ltd and CEPU - Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and concerns an Agreement proposed to cover Rise Group Pty Ltd (the Company) and its employees. The Agreement is a single enterprise agreement.
Notice of Employee Representational Rights
The Notice of Employee Representational Rights (NERR) distributed by the Company was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were 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.
Consideration
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 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. In accordance with s.201(2) I note that the Agreement covers the CEPU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
COMMISSIONER
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<AE528379 PR785327>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 947
- Case
- [2025] FWCA 947
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission examined the agreement against several statutory criteria, including whether it was free from prohibited content, provided for proper classification of employees, and was made in good faith. The Commission also considered if the agreement contained the minimum terms and conditions as set out in the relevant award, and if it was made in accordance with the procedural fairness requirements. The union argued that the agreement was comprehensive, covered all necessary terms, and was negotiated in good faith. In contrast, the employer questioned certain provisions, suggesting they might be against public policy or not genuinely bargained.
In its decision, the Fair Work Commission found that the agreement substantially complied with the statutory requirements. The Commission noted that while some provisions were subject to minor amendments to ensure clarity and compliance, the overall agreement was fair and represented the outcomes of genuine negotiations between the parties. The Commission was satisfied that the agreement did not contain any content that would be unlawful or against public policy. Consequently, the Commission approved the agreement with the minor amendments, which were necessary to ensure it met all legal standards under the Fair Work Act 2009.
The final orders of the Fair Work Commission were that the Perfect Pipes Trading Pty Ltd and CEPU - Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2023-2027 be approved with the specified amendments. These amendments were to be implemented to ensure the agreement's compliance with the Fair Work Act 2009 and the relevant award. The Commission also ordered that the agreement be registered, making it legally binding between the parties from the specified commencement date.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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