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

[2025] FWCA 753

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

(AG2025/375)

MEYLAND DRAINAGE PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 27 FEBRUARY 2025

Application for approval of the Meyland Drainage 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 Meyland Drainage 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 Meyland Drainage 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 involves an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Meyland Drainage Pty Ltd. The agreement, titled the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, was submitted to the Fair Work Commission for approval. The parties sought to have the agreement registered under the Fair Work Act 2009 to ensure its enforceability and compliance with relevant labour laws.

The primary legal issue before the Court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining the agreement's adherence to the Act's requirements, including provisions for minimum wages and conditions, dispute resolution mechanisms, and the absence of any prohibited content. The Court had to ensure that the agreement was fair and reasonable, taking into account the interests of both employees and employers, and that it did not undermine the principles of the industrial relations system.

In reaching its decision, the Court considered the submissions from both parties and the relevant legal framework. The Court determined that the agreement satisfied the necessary criteria for approval. It found that the agreement provided for fair and reasonable terms and conditions, and that it complied with all statutory requirements. The agreement included provisions for minimum wages, leave entitlements, and a fair dispute resolution process. Additionally, the Court was satisfied that the agreement did not contain any provisions that would be detrimental to the employees or the broader industrial relations system. Consequently, the Court approved the enterprise agreement, confirming its enforceability under the Fair Work Act 2009.

The Court's final orders were to approve the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Meyland Drainage Pty Ltd. The agreement was to be registered under the Fair Work Act 2009, effective from the date of the Court's decision. This registration ensured that the terms and conditions outlined in the agreement would be legally binding on the parties, providing certainty and stability in the employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established