Special Gases Enterprises Pty Ltd

[2025] FWCA 1867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Special Gases Enterprises Pty Ltd

(AG2025/1597)

SPECIAL GASES ENTERPRISES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2025

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2025

Application for approval of the Special Gases Enterprises Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025

Special Gases Enterprises Pty Ltd has made an application for approval of an enterprise agreement known as the Special Gases Enterprises 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.

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 3 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Special Gases Enterprises Pty Ltd, along with the CEPU – Plumbing Division (Vic), applied for the approval of their proposed enterprise agreement. The dispute was heard in the Fair Work Commission (FWC), which is tasked with approving such agreements under the Fair Work Act 2009. The application for approval came before the Commission, which needed to determine if the agreement met the necessary legal standards for endorsement.

The primary legal issues before the FWC were whether the proposed agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to consider whether the agreement was genuinely a bargain between the employer and employees, whether it contained all the prescribed minimum terms and conditions, and whether it adhered to the procedural requirements of the legislation. Additionally, the FWC assessed if the agreement promoted simplification, flexibility, and certainty in the workplace.

The FWC found that the agreement met all the legislative requirements. The Commission concluded that the agreement was a genuine bargain between the parties, as evidenced by the negotiation process and the input from both employers and employees. The FWC confirmed that the agreement contained all the prescribed minimum terms and conditions and adhered to the procedural requirements of the Fair Work Act. Consequently, the Commission approved the agreement, finding that it would foster a more efficient and productive workplace environment.

The Fair Work Commission approved the Special Gases Enterprises Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2025, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions for the relevant employees and employers in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established