| [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
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWC 217
- Case
- [2025] FWC 217
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act, particularly sections concerning the public interest, the protection of employees' rights, and whether the agreement was genuinely bargained. The Commission had to assess if the agreement provided adequate protections for employees and if it balanced the interests of employers and employees effectively. The Commission also considered whether the agreement would promote harmonious, productive, and cooperative workplace relations.
The Fair Work Commission approved the agreement after evaluating the provisions and ensuring they aligned with the statutory criteria. The Commission found that the agreement adequately protected employee rights and provided for fair terms and conditions of employment. It was determined that the agreement would not harm the public interest and would foster cooperative workplace relations. The Commission took into account the negotiation process, the balance of the agreement, and the protections offered to employees, ultimately concluding that the agreement was genuinely bargained and met the legislative requirements.
The final order of the Fair Work Commission was the approval of the A PLUS PLUMBING TRADESTAFF PTY LTD & Plumbing Trades Employees Union Enterprise Agreement 2025-2029, subject to the terms and conditions specified in the decision. This approval ensures the agreement is applicable to the employees of A PLUS PLUMBING TRADESTAFF PTY LTD and members of the Plumbing Trades Employees Union, as stipulated.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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