AEFS Group Pty Ltd

[2025] FWCA 2288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AEFS Group Pty Ltd

(AG2025/2080)

AEFS GROUP PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JULY 2025

Application for approval of the AEFS Group Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027

AEFS Group Pty Ltd has made an application for approval of an enterprise agreement known as the AEFS Group Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 (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 10 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AEFS Group Pty Ltd, an employer, applied for the approval of an enterprise agreement with CEPU – Plumbing Division (Vic) as the relevant union. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 (Cth) for it to be considered as a certified agreement. The Fair Work Commission was the tribunal responsible for hearing and deciding on the matter.

The central legal issues revolved around whether the agreement complied with the statutory requirements set forth in the Fair Work Act, including whether it covered all necessary topics, was made in good faith, and provided for fair terms and conditions for employees. Additionally, the court had to consider if the agreement was made without coercion and whether it provided for the proper resolution of any disputes that might arise. The agreement's compliance with the "better off overall test" was also a critical issue, assessing whether the employees would be better off with the proposed agreement than under the applicable award.

The Commission found that the agreement met all the necessary criteria for approval. The parties had negotiated in good faith, and the agreement covered all mandated topics. Furthermore, the Commission concluded that the proposed terms and conditions were fair and met the better off overall test. The agreement also provided mechanisms for resolving disputes without coercion. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission ordered the approval of the AEFS Group Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement would govern the employment relationship between the employer and the union for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established