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

[2025] FWCA 3320

[2025] FWCA 3320

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

(AG2025/3270)

ROAR FIRE SYSTEMS (PERTH) AND THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA (CEPU) PLUMBING DIVISION (WA) FIRE PROTECTION ENTERPRISE CONSTRUCTION AGREEMENT PERTH 2025 – 2028

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 2 OCTOBER 2025

Application for approval of the Roar Fire Systems (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Construction Agreement Perth 2025 – 2028

1. An application has been made for approval of an enterprise agreement known as Roar Fire Systems (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Construction Agreement Perth 2025 – 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights

1. The Notice of Employee Representational Rights (NERR) distributed to employees to be covered by the Agreement appears to have a different name for the Agreement to that which was eventually made. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act. 

Interaction with the National Employment Standards

1. Clause 6.1 of the Agreement provides it shall be read and interpreted in conjunction with the National Employment Standards (NES) and where any inconsistency between the NES and the Agreement arises, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 21.2.2 – withholding of monies on cessation of employment

Consideration 

1. Several matters were raised with the Applicant in relation to the application, in response to which further submissions were provided. Taking into account those further submissions and the considerations outlined above I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. 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. In accordance with s.201(2), I note that the Agreement covers the CEPU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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