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

[2025] FWCA 849

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

(AG2025/530)

SUMMIT INSULATION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING/INSULATION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 7 MARCH 2025

Application for approval of the Summit Insulation 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 Summit Insulation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation 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 Summit Insulation 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 the Summit Insulation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027. The applicant, the union, sought the Fair Work Commission's approval of the agreement, which was negotiated between the union and the employer. The dispute centred around the terms of the proposed enterprise agreement, specifically the union's request for the commission to approve certain provisions that were not automatically covered by the agreement.

The primary legal issue the court had to address was whether the provisions for which the union sought approval met the requirements of the Fair Work Act 2009. This involved a careful examination of the provisions to ensure they complied with the Act's provisions concerning enterprise agreements, including the criteria for approval, such as ensuring the agreement did not undermine the protections provided by the National Employment Standards or other minimum conditions set out in awards or registered agreements.

In reaching its decision, the court examined the specific provisions of the agreement and considered the arguments presented by both parties. The court found that the provisions in question did not undermine the protections provided by the National Employment Standards or other minimum conditions. It was also satisfied that the agreement was negotiated in good faith and that the union had provided adequate representation to the employees. Based on these findings, the court approved the application, thereby endorsing the agreement as a legally binding enterprise agreement.

The final orders of the court approved the Summit Insulation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027, effective from the date of the decision. This approval ensures that the agreement will be enforceable between the union, the employer, and the employees covered by the agreement for the duration specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established