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

[2025] FWCA 3222

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

(AG2025/3130)

TANK VISION PTY LIMITED QTMP BUILDING CEPU PROJECT AGREEMENT 2024–2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2025

Application for approval of the Tank Vision Pty Limited 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 Tank Vision Pty Limited 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 for the approval of a new enterprise agreement. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought the approval of the Tank Vision Pty Limited QTMP Building CEPU Project Agreement 2024–2028. This agreement was proposed to govern the employment conditions of the union's members at Tank Vision Pty Limited, an Australian construction company. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly focusing on whether the agreement provided for the proper protection of employee interests and adhered to the relevant principles of procedural fairness.

The court had to determine whether the agreement provided adequate safeguards for employees, including those in junior positions, and whether the agreement was genuinely negotiated. The commission examined whether the union had complied with its duty to act in good faith and whether the agreement contained provisions that were contrary to the public interest or otherwise invalid. Additionally, the court assessed whether the agreement was free from any provisions that might unduly restrict the rights of employees or unfairly benefit the employer.

The Fair Work Commission concluded that the proposed agreement complied with the statutory requirements. It found that the union had fulfilled its obligations under the Fair Work Act, including providing adequate protections for employees and ensuring that the agreement was genuinely negotiated. The commission noted that the agreement contained provisions that aligned with the principles of procedural fairness and protected the rights of employees, including those in junior positions. Furthermore, the commission determined that there were no provisions in the agreement that were contrary to the public interest or invalid. Consequently, the commission approved the agreement, recognising it as a valid and enforceable enterprise agreement.

The final orders of the commission were that the Tank Vision Pty Limited QTMP Building CEPU Project Agreement 2024–2028 be approved as a certified agreement under the Fair Work Act 2009. This approval means that the agreement is now binding on all parties and enforceable in accordance with the provisions of the act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established