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

[2025] FWCA 348

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

(AG2024/5221)

SUBLIME INFRASTRUCTURE PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH MECHANICAL (SHEETMETAL) ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 JANUARY 2025

Application for approval of the Sublime Infrastructure Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Sublime Infrastructure Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2024-2027 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 30 September 2027.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the CEPU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Sublime Infrastructure Pty Ltd and the CEPU Plumbing Division – NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2024-2027. The union representing the employees, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement, while the employer, Sublime Infrastructure Pty Ltd, supported its terms. The central dispute was whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The court was tasked with determining if the agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to consider whether the agreement provided for a fair and efficient workplace, allowed for appropriate minimum terms to be set, and adhered to the statutory requirements for enterprise agreements. Additionally, the court had to ensure that the agreement did not unfairly disadvantage any employees and that it was negotiated in good faith.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The court examined the terms of the agreement, the negotiation process, and the impact on employees. The Commission determined that the agreement provided for a fair and efficient workplace, set appropriate minimum terms, and did not unfairly disadvantage any employees. The Commission also found that the agreement was negotiated in good faith and complied with all statutory requirements.

As a result, the Fair Work Commission approved the Sublime Infrastructure Pty Ltd and CEPU Plumbing Division – NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2024-2027, allowing it to come into effect. The agreement was deemed to provide a fair and efficient workplace for employees and to meet all the statutory requirements set out in the Fair Work Act.

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