Creative Plumbing Pty Ltd

[2025] FWCA 1809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Creative Plumbing Pty Ltd

(AG2025/1582)

CREATIVE PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MAY 2025

Application for approval of the Creative Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Creative Plumbing Pty Ltd has made an application for approval of an enterprise agreement known as the Creative Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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 under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 29 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Creative Plumbing Pty Ltd, the Fair Work Commission was called upon to assess the proposed Plumbing Enterprise Agreement 2024 – 2027 between Creative Plumbing Pty Ltd and the CEPU – Plumbing Division (Vic). This agreement, which was to be applied to the employees of Creative Plumbing Pty Ltd, was a matter of contention between the employer and the union. The union had expressed some reservations about certain aspects of the agreement, which led to the application for approval by the Fair Work Commission.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This required the Commission to consider whether the agreement provided for fair and reasonable terms, taking into account the need for flexibility in the industry and the protection of employees' rights. The Commission had to balance these considerations and decide if the agreement was in the best interests of the employees and the employer.

After thorough consideration of the submissions from both parties and the relevant legal framework, the Fair Work Commission found that the agreement was fair and reasonable. The Commission highlighted the importance of maintaining a balance between the flexibility needed by employers to run their businesses effectively and the protections necessary to ensure employees were treated fairly. The Commission approved the agreement, noting that it provided for fair terms and conditions of employment, including provisions for wages, hours of work, and other employment conditions. The approval was granted on the condition that certain minor amendments be made to address some of the union's concerns.

The final orders of the Commission were that the agreement be approved with the aforementioned conditions. This decision not only resolves the immediate dispute between the employer and the union but also sets a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established