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

[2025] FWCA 3226

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

(AG2025/3137)

LINDORES PERSONNEL NO.2 PTY LTD QTMP BUILDING CEPU PROJECT AGREEMENT 2024–2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2025

Application for approval of the Lindores Personnel No.2 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 Lindores Personnel No.2 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 Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to approve a Quick Time, Money and Personnel (QTMP) Building CEPU Project Agreement 2024–2028 (the Agreement) with Lindores Personnel No.2 Pty Ltd (the Employer). The Agreement was intended to govern the terms and conditions of employment for workers employed by the Employer in the building and construction industry. The Union sought approval of the Agreement under section 235 of the Fair Work Act 2009.

The primary legal issue for the Commission to determine was whether the Agreement was in the public interest and met the criteria for approval under section 235 of the Fair Work Act. This involved assessing whether the Agreement was in the best interests of the employees, whether it provided for a fair and efficient workplace, and whether it complied with the relevant provisions of the Act and other applicable laws. The Commission also considered whether the Agreement was necessary to address a genuine workplace problem or to provide a better outcome for employees than would otherwise be available.

The Commission found that the Agreement was in the public interest and met the criteria for approval. It noted that the Agreement provided for a range of benefits for employees, including higher wages and better working conditions, and that it addressed a genuine workplace problem by providing a more efficient and effective way of managing the workforce. The Commission also found that the Agreement was necessary to provide a better outcome for employees than would otherwise be available, given the current state of the building and construction industry. The Commission concluded that the Agreement was fair and reasonable and should be approved.

The Fair Work Commission approved the Agreement and made orders accordingly. The Commission noted that the Agreement would provide significant benefits for employees in the building and construction industry and that it was in the public interest to approve the Agreement. The Commission also noted that the Agreement was necessary to address a genuine workplace problem and to provide a better outcome for employees than would otherwise be available. The Commission considered that the Agreement was fair and reasonable and met the criteria for approval under section 235 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