| [2025] FWCA 2920 |
| 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
(AG2025/2848)
PORT FIRE PROTECTION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 29 AUGUST 2025 |
Application for approval of the Port Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Port Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
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. As required by s 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 29 August 2025.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 2920
- Case
- [2025] FWCA 2920
- Decision Date
CaseChat Overview and Summary
The key legal issues addressed by the Commission were whether the agreement provided for minimum rates of pay, entitlements, and conditions of employment that were no less favourable than the relevant award or safety net award, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to determine whether the agreement contained any provisions that might be contrary to public policy or otherwise unenforceable.
In its decision, the Commission found that the proposed enterprise agreement was compliant with the requirements of the Fair Work Act. The agreement provided for minimum rates of pay and conditions that were at least as favourable as those provided for in the relevant award, and the Commission was satisfied that the agreement was made in good faith and without any element of coercion. The Commission also determined that there were no provisions in the agreement that were contrary to public policy or unenforceable. Based on these findings, the Commission approved the enterprise agreement.
Consequently, the Fair Work Commission granted approval for the Port Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. This decision sets the terms and conditions of employment for the employees covered by the agreement for the specified period.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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