austlii:cth/FWCA/2025/1289
General information, not legal advice.
FWCA
2025-04-17
Original judgment source is linked above.
s.185 - Enterprise agreement
HGC COMMERCIAL PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2025
Application for approval of the HGC Commercial Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2025
[1] 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.
[2] 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.
[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 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.
[5] The Agreement was approved on 17 April 2025.
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