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

[2025] FWCA 3227

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

(AG2025/3128)

RISING PTY LTD QTMP BUILDING CEPU PROJECT AGREEMENT 2024–2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2025

Application for approval of the Rising Pty Ltd QTMP Building CEPU Project Agreement 2024–2028

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the Rising Pty Ltd QTMP Building CEPU Project Agreement 2024–2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the employee organisation that will be covered by the Agreement is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement was approved on 24 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Rising Pty Ltd Quality Training and Monitoring Program (QTMP) Building CEPU Project Agreement 2024–2028. The application for approval was made under relevant provisions of the Fair Work Act 2009, and the primary focus was on whether the agreement complied with the requirements set out in the legislation and whether it was in the best interest of the employees involved.

The key legal issues the court had to address included the interpretation and application of the Fair Work Act, particularly in relation to the approval of workplace agreements. The court needed to determine if the agreement met the necessary standards for fair and effective workplace regulation. This involved examining the agreement's terms, the process by which it was negotiated, and the extent to which it provided for fair and efficient workplace practices. Additionally, the court had to consider whether the agreement would unduly harm the employees' rights and interests.

The court carefully reviewed the terms of the proposed agreement, considering both its procedural and substantive aspects. It examined whether the agreement was made in good faith, whether it provided for fair and efficient workplace practices, and whether it adequately protected the rights of employees. The court also assessed the bargaining process to ensure it was fair and balanced. Ultimately, the court found that the agreement met the necessary criteria and approved the application for the Rising Pty Ltd QTMP Building CEPU Project Agreement 2024–2028. The decision was based on the conclusion that the agreement was fair and did not unduly harm the employees' rights and interests, thereby meeting the requirements of the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established