| [2025] FWCA 948 |
| 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
(AG2025/646)
ECOLAG PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING/INSULATION ENTERPRISE AGREEMENT 2024 – 2027
| Plumbing industry | |
| COMMISSIONER REDFORD | MELBOURNE, 19 MARCH 2025 |
Application for approval of the Ecolag Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 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.
The NERR also appears to have a different name for the Agreement to that which was eventually made. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it.
Neither of these two matters have prevented me from finding, as outlined below, that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.
Interaction with the National Employment Standards
Clause 5.4 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and where there is an inconsistency, and the NES provides greater benefit, the NES will apply to the extent of the inconsistency (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 40 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply.
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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<AE528380 PR785329>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 948
- Case
- [2025] FWCA 948
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Commission had to determine was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly with respect to the procedural fairness and substantive fairness of the agreement. The Commission had to examine the negotiation process, the content of the agreement, and whether it contained all the mandatory terms as required by the Act. Additionally, the Commission considered whether the agreement was in the best interests of the employees covered by it, and whether it provided fair and reasonable terms and conditions of employment.
In its decision, the Commission found that the agreement was appropriately negotiated and contained all the mandatory terms required by the Fair Work Act 2009. The Commission noted that the agreement was the result of good faith negotiations between the parties and that it provided fair and reasonable terms and conditions of employment for the employees. The Commission was satisfied that the agreement met the statutory criteria for approval and would serve the best interests of the employees. Consequently, the Fair Work Commission approved the Ecolag Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027 as a certified agreement.
The Commission’s final orders included the approval of the enterprise agreement, which will now be binding on all parties and employees covered by it, effective from the date of the Commission’s decision. The agreement will operate for the period specified, providing a framework for the terms and conditions of employment for the duration of the agreement. The approval ensures that the agreement complies with all relevant legal requirements and that it is in the best interests of the employees.
Orders
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Background
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Evidence
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Decision
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