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

[2025] FWCA 2827

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

(AG2025/2757)

FM ESSENTIAL SERVICES AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 AUGUST 2025

Application for approval of the FM Essential Services 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 FM Essential Services 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 25 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Fire Protection Enterprise Agreement 2024–2027 between the FM Essential Services and the CEPU – Plumbing Division (Vic). The agreement in question, which seeks to govern the terms and conditions of employment for certain workers, was submitted for the Commission’s approval under the Fair Work Act 2009. The application for approval was made by the union, which argued that the agreement met the criteria set out in the Act and was fit for the purposes of providing a safety net of minimum terms and conditions.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable minimum terms and conditions, and whether it complied with the statutory requirements for safety net awards. This involved an examination of whether the agreement adequately covered all essential terms and conditions, including minimum rates of pay, overtime provisions, leave entitlements, and other employment protections. The Commission also had to consider whether the agreement met the "better off overall test" and did not undermine the safety net of minimum terms and conditions provided by the relevant award.

After careful consideration of the application and the evidence presented by the union, the Commission determined that the agreement met the necessary statutory criteria. The agreement was found to provide for fair and reasonable minimum terms and conditions and did not undermine the safety net provided by the relevant award. The Commission concluded that the agreement was appropriate for approval and would serve the purpose of providing a safety net of minimum terms and conditions for the employees covered by it. The Commission approved the Fire Protection Enterprise Agreement 2024–2027, effective from the date of the decision.

The final orders of the Commission were that the Fire Protection Enterprise Agreement 2024–2027 between the FM Essential Services and the CEPU – Plumbing Division (Vic) be approved as a safety net agreement. This approval ensures that the agreement will serve as the minimum terms and conditions of employment for the relevant employees during the period of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established