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

[2025] FWCA 484

The attached document wholly replaces the document previously issued with code [2025] FWC 217 on 22 January 2025 to correct document referencing.

Relief Associate to Deputy President Roberts

Dated 6 February 2025

[2025] FWCA 484

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

(AG2024/5065)

A PLUS PLUMBING TRADESTAFF PTY LTD & PLUMBING TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT 2025-2029

Plumbing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 22 JANUARY 2025

Application for approval of the A PLUS PLUMBING TRADESTAFF PTY LTD & Plumbing Trades Employees Union Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the A PLUS PLUMBING TRADESTAFF PTY LTD & Plumbing Trades Employees Union Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (the Applicant). The Agreement is a single enterprise agreement.

Written undertakings (Annexure A) have been provided by A Plus Plumbing Tradestaff Pty Ltd. In accordance with s.190(4) of the Act the views of the bargaining representative for the agreement were sought in relation to the undertakings. The bargaining representative has indicated their acceptance of the undertakings provided. 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.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES. This includes any potential inconsistency in relation to clause 49.7 of the Agreement which purports to permit deductions from monies due to employees.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

The CEPU has lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, pursuant to the undertaking, 1 December 2028

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< AE527726 PR704081 >

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of the A PLUS PLUMBING TRADESTAFF PTY LTD & Plumbing Trades Employees Union Enterprise Agreement 2025-2029 (the Agreement). The application was brought before the Fair Work Commission (the Commission). The Union sought the Commission’s approval of the Agreement, which outlines the terms and conditions of employment for employees within the A Plus Plumbing Tradesstaff Pty Ltd enterprise.

The legal issues before the Commission were primarily concerned with whether the Agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the Agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements of the Act. Additionally, the Commission examined whether the Agreement had been made in good faith and without coercion.

The Commission considered the submissions made by the Union and the employer, and reviewed the terms of the Agreement. The Commission found that the Agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural requirements of the Act. The Commission also determined that the Agreement had been made in good faith and without coercion. As a result, the Commission approved the Agreement.

The Fair Work Commission hereby approves the A PLUS PLUMBING TRADESTAFF PTY LTD & Plumbing Trades Employees Union Enterprise Agreement 2025-2029, subject to the terms and conditions set out in the Agreement. The Agreement is approved as a registered agreement under section 176 of the Fair Work Act 2009, and will be registered by the Commission. The approval is effective from the date of the Commission’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established