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

[2025] FWCA 548

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

(AG2025/245)

CIVIL FORCE (COMMERCIAL) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the Civil Force (Commercial) 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 Civil Force (Commercial) 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 CEPU (Plumbing Division) Victorian Branch (CEPU). It concerns Civil Force (Commercial) Pty Ltd and its employees (Civil Force). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed by Civil Force 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 it will be read an interpreted in conjunction with the National Employment Standards (NES) and where there is inconsistency, and the NES provides greater benefit, the NES provision 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

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

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Commercial (CE) Plumbing Enterprise Agreement 2024–2027 between Civil Force (Commercial) Pty Ltd and the CEPU – Plumbing Division (Vic). The dispute centred around whether the agreement met the necessary standards and criteria for approval as outlined under the Fair Work Act 2009. The commission was required to determine if the agreement provided for the appropriate minimum entitlements, had fair and effective dispute resolution mechanisms, and adhered to procedural fairness.

The primary legal issues revolved around the interpretation and application of the statutory provisions concerning minimum entitlements, procedural fairness, and dispute resolution mechanisms. The commission had to scrutinise the terms of the agreement to ensure they were in line with the legislative framework and did not disadvantage employees. Additionally, the commission needed to confirm that the agreement was made in good faith and without coercion.

After thorough examination, the commission concluded that the agreement was fair and appropriate for approval. It found that the agreement provided for the minimum entitlements as stipulated in the Fair Work Act and the relevant award, and included fair and effective dispute resolution processes. The commission also determined that the agreement was made in good faith, with proper procedural fairness observed during its negotiation and formation.

The Fair Work Commission approved the Commercial (CE) Plumbing Enterprise Agreement 2024–2027, effective from 1 March 2024. The agreement was deemed to comply with all relevant statutory requirements and was accepted as a valid and binding enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established