Master Plumbers And Mechanical Services Association Of Australia Trading AS Plumbing Apprenticeships Victoria

[2025] FWCA 2005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Master Plumbers And Mechanical Services Association Of Australia Trading AS Plumbing Apprenticeships Victoria

(AG2025/1585)

PLUMBING APPRENTICESHIPS VICTORIA AND CEPU – PLUMBING DIVISION (VIC) GROUP TRAINING ENTERPRISE AGREEMENT 2025

Plumbing industry
COMMISSIONER CONNOLLY	MELBOURNE, 18 JUNE 2025

Application for approval of the Plumbing Apprenticeships Victoria and CEPU – Plumbing Division (Vic) Group Training Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Plumbing Apprenticeships Victoria and CEPU – Plumbing Division (Vic) Group Training Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Master Plumbers And Mechanical Services Association Of Australia Trading AS Plumbing Apprenticeships Victoria (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 2 June 2025.

On 3 June 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

The Applicant has provided written undertakings, dated 12 June 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The Applicant advised by writing that the bargaining representative supported the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

With regard to the Clause 11A.8.1 of the Agreement, it is noted that pursuant to s.204(4) of the Act, the notice period is not more than 28 days.

The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia”, being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2028.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In this case, the Master Plumbers and Mechanical Services Association of Australia, trading as Plumbing Apprenticeships Victoria, applied for approval of the Plumbing Apprenticeships Victoria and CEPU – Plumbing Division (Vic) Group Training Enterprise Agreement 2025. The application was heard by the Fair Work Commission. The dispute centred on the terms and conditions set out in the proposed enterprise agreement, including wages, working hours, and other employment-related matters.

The legal issues before the court involved ensuring that the agreement complied with the relevant federal and state industrial laws, particularly the Fair Work Act 2009. The court had to determine whether the proposed agreement met the criteria for "modern awards" and "better off overall" tests. This involved examining whether the agreement provided employees with conditions at least as good as those in the relevant modern award and whether it was likely to be more advantageous for the employees than the current conditions.

After thorough examination of the evidence and submissions, the court found that the proposed agreement met the necessary legal standards. It satisfied the requirements of being a simple, direct, and easy-to-understand document, and it provided for conditions that were at least as good as, and in some cases better than, those in the relevant modern awards. The court was satisfied that the agreement was likely to be more advantageous to the employees than the existing conditions. Consequently, the court approved the agreement.

The final orders included the approval of the Plumbing Apprenticeships Victoria and CEPU – Plumbing Division (Vic) Group Training Enterprise Agreement 2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established