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

[2025] FWCA 3210

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

(AG2025/3126)

SYFON SYSTEMS PTY LTD QTMP BUILDING CEPU PROJECT AGREEMENT 2024-2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2025

Application for approval of the Syfon Systems 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 Syfon Systems 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied to the Fair Work Commission for approval of a Qualifying Training and Monitoring Plan (QTMP) Building CEPU Project Agreement 2024–2028, which had been negotiated with Syfon Systems Pty Ltd (the Employer). The dispute arose because the Union sought approval of the agreement, while the Employer opposed the application, asserting that certain provisions were not in compliance with the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement, as proposed, complied with the statutory requirements for a QTMP agreement under the Fair Work Act. Specifically, the Commission needed to determine whether the proposed agreement met the criteria for a QTMP agreement, which includes provisions for the training and monitoring of employees in building and construction projects. The Commission also had to consider whether any provisions of the agreement were unfair within the meaning of the Act.

In delivering its decision, the Commission noted that the application for approval was comprehensive and detailed, with both parties providing extensive submissions. The Commission carefully examined the proposed agreement, focusing on the provisions related to the training and monitoring of employees, the duration of the agreement, and the compliance with the relevant statutory requirements. After considering the submissions and evidence, the Commission found that the agreement met the criteria for a QTMP agreement and was fair. The Commission approved the agreement, finding that it was consistent with the objectives of the Fair Work Act and would serve the interests of both the employees and the Employer.

The Commission ordered that the agreement be approved as a QTMP agreement, effective from the date of the decision. This approval allows for the implementation of the agreement, providing a framework for the training and monitoring of employees in the building and construction projects undertaken by the Employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established