HGC Commercial Plumbing Pty Ltd Summary

[2025] FWCA 1289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HGC Commercial Plumbing Pty Ltd

(AG2025/1017)

HGC COMMERCIAL PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2025

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2025

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

HGC Commercial Plumbing Pty Ltd has made an application for approval of an enterprise agreement known as the HGC Commercial Plumbing 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.

While the application is generally in order, the Agreement was made within 21 days after the last notice of employee representational rights was given. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(b) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 17 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, HGC Commercial Plumbing Pty Ltd, the applicant, sought approval for the HGC Commercial Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for the employees of HGC Commercial Plumbing Pty Ltd and whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement complied with the provisions of the Act, particularly in relation to the provisions concerning minimum entitlements and the process by which the agreement was made.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and if the process of making the agreement complied with the statutory requirements. The Commission needed to examine the agreement to ascertain if it included provisions for minimum wages and conditions, if it was made in good faith, and if it was fairly negotiated. Additionally, the Commission was tasked with verifying that the agreement did not adversely affect the ability of employees to access their entitlements or to have disputes resolved.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages and conditions. The Commission determined that the agreement was made in good faith and that the process of making the agreement complied with the statutory requirements. The Commission was satisfied that the agreement did not adversely affect the ability of employees to access their entitlements or to have disputes resolved. Accordingly, the Commission approved the agreement under section 234 of the Fair Work Act 2009. The agreement was approved subject to the usual transitional provisions and will be registered on the Register of Approved Agreements.

HGC Commercial Plumbing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established