Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2025] FWC 217
•22 JANUARY 2025
| [2025] FWC 217 |
| 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 PR783593 >
ANNEXURE A
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