Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2025] FWCA 3489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2025/3490)

LOFIRE PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2023 - 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 OCTOBER 2025

Application for approval of the Lofire Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2023 - 2026

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 Lofire Pty Ltd and CEPU Plumbing Division Fire Services Union Collective 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 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 20 October 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, hereinafter referred to as the Union, and Lofire Pty Ltd, a company within the industry. The Union applied for approval of a collective agreement concerning fire services for the period from 2023 to 2026. This application was made to the Fair Work Commission, an Australian government body responsible for regulating industrial relations. The Union sought approval for a collective agreement that it had negotiated with Lofire Pty Ltd, which outlined terms and conditions of employment for its members working in fire services roles within the company.

The primary legal issue before the court was whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. The Union argued that the agreement was fair and reasonable, meeting the statutory requirements for coverage, negotiation, and content. The company contested the application, raising concerns about certain provisions of the agreement, particularly those relating to the classification and remuneration of employees. The court was tasked with determining whether the agreement adhered to the legal standards for fairness and reasonableness, and if it met the necessary criteria for approval.

In examining the application, the court considered the process by which the agreement was negotiated, the content of the agreement itself, and its alignment with the provisions of the Fair Work Act. The court found that the Union had followed proper procedures in negotiating the agreement and that the content was generally fair and reasonable. While the company raised concerns about specific provisions, the court determined that these did not outweigh the overall fairness of the agreement. Consequently, the court approved the application for the collective agreement to be registered, ensuring that it would be legally binding on both parties.

The court's decision was made in the context of ensuring that the collective agreement met the statutory requirements for approval. The court concluded that the agreement was fair and reasonable, and thus granted approval for it to be registered. This decision ensures that the terms and conditions set out in the agreement will apply to the employees covered by it, providing a framework for their employment within Lofire Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established