Auscoast Fire Services Pty Ltd

[2025] FWCA 1287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Auscoast Fire Services Pty Ltd

(AG2025/1005)

AUSCOAST FIRE SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2025

Application for approval of the Auscoast Fire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Auscoast Fire Services Pty Ltd has made an application for approval of an enterprise agreement known as the Auscoast Fire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (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 17 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Auscoast Fire Services Pty Ltd sought approval of the Auscoast Fire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. The parties involved were Auscoast Fire Services Pty Ltd and the CEPU Electrical Division. The nature of the dispute was the application for the approval of an enterprise agreement between the two parties, covering the period from 2023 to 2026. The case was heard in the Fair Work Commission.

The primary legal issue the court had to decide was whether the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for good faith bargaining, disclosure of relevant information, and whether the agreement was fair and reasonable. The court also considered whether there were any procedural irregularities that might affect the validity of the agreement.

The Fair Work Commission found that the enterprise agreement was made in good faith and that the parties had disclosed all relevant information. The Commission determined that the agreement was fair and reasonable, taking into account the economic circumstances, the needs of the business, and the interests of the employees. The Commission noted that the agreement provided for reasonable terms and conditions, including wages, leave entitlements, and other benefits. The court concluded that there were no procedural irregularities that would invalidate the agreement.

Accordingly, the Fair Work Commission approved the Auscoast Fire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. The agreement was deemed to be valid and enforceable, providing the basis for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established