Geelong Roofing Pty Ltd

Case [2025] FWCA 2324


[2025] FWCA 2324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geelong Roofing Pty Ltd

(AG2025/2167)

GEELONG ROOFING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2025

Plumbing industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 14 JULY 2025

Application for approval of the Geelong Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025

  1. Geelong Roofing Pty Ltd has made an application for approval of an enterprise agreement known as the Geelong Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. 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.

  1. The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

  1. 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.

  1. The Agreement was approved on 14 July 2025.

DEPUTY PRESIDENT
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Details
AGLC
Geelong Roofing Pty Ltd [2025] FWCA 2324
Case
[2025] FWCA 2324
Decision Date

CaseChat Overview and Summary

Geelong Roofing Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement with the CEPU – Plumbing Division (Vic). The application came before the Commission under section 240 of the Fair Work Act 2009. The Commission was required to consider whether the agreement met the "better off overall test" (BOOT), whether it contained only permissible provisions, and whether it complied with procedural requirements.

The central issue for the Commission was whether the proposed agreement provided employees with outcomes that were at least as good as what they would have obtained through their existing awards or agreements. This involved assessing the agreement's provisions against the statutory criteria set out in the Fair Work Act. Additionally, the Commission needed to ensure that the agreement contained only permissible provisions, which included scrutinising the agreement for any provisions that could be considered non-compliant or unlawful.

The Commission found that the proposed agreement met the BOOT, as it provided employees with benefits that were at least as good as those under their existing awards or agreements. It also concluded that the agreement contained only permissible provisions and complied with all relevant procedural requirements. Therefore, the Commission approved the Geelong Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025. The final orders included the approval of the agreement and its registration with the Commission.

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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