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

[2025] FWCA 869

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

(AG2025/529)

TREC PLUMBING PTY LTD AND CEPU-PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024-2027

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 11 MARCH 2025

Application for approval of the Trec Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Trec Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 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 Trec Plumbing 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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a Plumbing Enterprise Agreement between Trec Plumbing Pty Ltd and the CEPU – Plumbing Division (Vic) for the years 2024 to 2027. The application was heard by the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they meet certain criteria set out in the Fair Work Act 2009. The union and the employer had negotiated the agreement, which aimed to set out the terms and conditions of employment for the employees covered by the agreement.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it was in the best interests of the employees it covered, and whether it complied with the provisions of the Act that govern the negotiation and content of enterprise agreements. The Commission had to examine whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any coercive or misleading behaviour during the negotiation process.

In reaching its decision, the Commission considered the evidence and submissions from both parties, as well as the broader context of the industry and the interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also found that the agreement was negotiated in good faith and was not the result of any coercive or misleading behaviour. Based on these findings, the Commission approved the agreement, which will now form the basis of the employment conditions for the employees covered by it for the next four years. The Commission's decision ensures that the employees will have a clear and fair understanding of their rights and obligations under the agreement, and that the agreement will provide a stable and predictable framework for industrial relations in the plumbing industry during the period covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established