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

[2025] FWCA 751

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

(AG2025/396)

MULGRAVE INSULATION (NSW) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL (SHEETMETAL) ENTERPRISE AGREEMENT 2023-2027

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 28 FEBRUARY 2025

Application for approval of the Mulgrave Insulation (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Mulgrave Insulation (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (Sheetmetal) 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 Mulgrave Insulation (NSW) Pty Ltd (the Company). The Agreement is a single enterprise agreement.

Undertakings

In response to several issues raised with the Company in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. No bargaining representative expressed a view in opposition to the undertakings. 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.

The undertakings relate to the rates of pay that will apply to Adult Apprentices – first and second year.

Consideration

Subject to the undertakings referred to above, 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

ANNEXURE A

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU Plumbing Division - NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027. The union sought approval of the enterprise agreement from the Fair Work Commission (FWC). The employer, Mulgrave Insulation (NSW) Pty Ltd, did not oppose the application for approval. The union argued that the agreement was fair and reasonable, meeting all the statutory requirements.

The primary legal issue was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was made in good faith and whether it contained the necessary minimum terms and conditions. The union had to demonstrate that the agreement provided for the proper operation of businesses, fair and efficient workplace relations, and a pathway for resolving disputes.

The FWC found that the agreement was made in good faith and contained all the required minimum terms. The union had adequately represented the interests of its members and ensured the agreement was fair and reasonable. The employer did not contest the application, indicating that it was satisfied with the agreement. The FWC concluded that the agreement met the statutory criteria and approved it. The union's arguments were persuasive, and the FWC found no reason to reject the application.

The Fair Work Commission approved the CEPU Plumbing Division - NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027. The agreement was deemed to meet all the statutory requirements and was therefore approved. This decision allows the agreement to take effect, providing a framework for the employment conditions of the covered employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established