austlii:cth/FWCA/2026/187
General information, not legal advice.
FWCA
2026-01-30
Original judgment source is linked above.
s.185 - Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
A PLUS PLUMBING TRADE STAFF (WA) PTY LTD AND CEPU - PLUMBING DIVISION (WA BRANCH) (PLUMBING EMPLOYEES) ENTERPRISE AGREEMENT 2025 - 2028
Application for approval of the A PLUS PLUMBING TRADE STAFF (WA) PTY LTD and CEPU - Plumbing Division (WA Branch) (Plumbing Employees) Enterprise Agreement 2025 - 2028
[1] An application has been made for approval of an enterprise agreement known as the A PLUS PLUMBING TRADE STAFF (WA) PTY LTD and CEPU - Plumbing Division (WA Branch) (Plumbing Employees) Enterprise Agreement 2025 - 2028 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] This greenfields agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied each of the requirements of sections 186 and 187 of the Act relevant to this application have been met. I am satisfied Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of the majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.
[3] I note the Agreement was made with the CEPU and the agreement covers that organisation under section 53(2)(b).
[4] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in clause 29A of the Plumbing and Fire Sprinklers Award 2020 is taken to be a term of the Agreement.
[5] The Employer has provided written undertakings. A copy of this undertaking is attached in Annexure A. I am satisfied 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. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.
[6] Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
[7] The Agreement is approved today 30 January 2026. It will operate from 6 February 2026 as required by section 54 of the Act. The nominal expiry date is 30 September 2028.

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