| [2025] FWCA 941 |
| 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
(AG2025/572)
CAPITAL MAINTENANCE SOLUTIONS PTY LTD AND PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT 2024 - 2028
| Plumbing industry | |
| COMMISSIONER P RYAN | SYDNEY, 18 MARCH 2025 |
Application for approval of the Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028
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 Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024 - 2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
The employer covered by the Agreement is Capital Maintenance Solutions Pty Ltd (Employer).
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
Section 183 Bargaining Representative
The CEPU has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the CEPU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 25 March 2025. The nominal expiry date of the Agreement is 30 June 2028.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
<AE528374 PR785313>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 941
- Case
- [2025] FWCA 941
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement provided for the proper operation of the enterprise, contained minimum terms as required by the Fair Work Act, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to determine if the agreement was made in good faith and whether it appropriately covered the bargaining unit.
After reviewing the submissions and evidence provided by both parties, the Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement provided for the proper operation of the enterprise and contained the minimum terms required by the Fair Work Act. The Commission was also satisfied that the agreement was made in good faith and appropriately covered the bargaining unit. Consequently, the application for approval of the enterprise agreement was approved.
The Commission issued an order approving the Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028. The approved agreement will now govern the employment terms and conditions for the relevant employees within the enterprise for the specified period.
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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