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

[2025] FWCA 680

[2025] FWCA 680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2025/343)

RESOURCE SERVICES GROUP E&I PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2023 - 2026

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 20 FEBRUARY 2025

Application for approval of the Resource Services Group E&I Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 - 2026

1. An application has been made for approval of a greenfields agreement known as the Resource Services Group E&I Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CEPU and that the Agreement covers this organisation.

1. An assessment of the Agreement has identified three clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Clause 46.1.2: Personal/carer's leave,

b)Clause 49.2: Long service leave, and

c)Clause 44.2: Public holidays.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

1. Noting the NES precedence clause (Clause 5.3), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 February 2025. The nominal expiry date of the Agreement is 31 October 2026.

COMMISSIONER

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