austlii:cth/FWCA/2025/3564
General information, not legal advice.
FWCA
2025-10-28
Original judgment source is linked above.
s.185 - Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
J & A MECHANICAL PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (WA) MECHANICAL PLUMBING ENTERPRISE AGREEMENT 2025-2028
Application for approval of the J & A Mechanical Plumbing Pty Ltd and CEPU - Plumbing Division (WA) Mechanical Plumbing Enterprise Agreement 2025-2028
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the J & A Mechanical Plumbing Pty Ltd and CEPU - Plumbing Division (WA) Mechanical Plumbing Enterprise Agreement 2025-2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] While the application is generally in order, the notice of employee representational rights was not provided to employees within 14 days of notification time. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) 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.
[3] 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.
[4] 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.
[5] The 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.
[6] The Agreement was approved on 28 October 2025.
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