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

[2025] FWCA 2475

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

(AG2025/2375)

KAYCEE FIRE PROTECTION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JULY 2025

Application for approval of the Kaycee 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 Kaycee 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 25 July 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 approval of an enterprise agreement between Kaycee Fire Protection Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The union sought to have the agreement, which outlined terms and conditions of employment for its members, formally recognised and enforced as a legally binding contract.

The central legal issues for the Commission to address were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and substantive fairness. This involved ensuring that the agreement had been genuinely negotiated between the parties, that it did not adversely affect employees' safety or working conditions, and that it met the statutory criteria for approval as a certified agreement.

In considering the application, the Commission examined the evidence provided regarding the negotiation process and the contents of the agreement. It was satisfied that the agreement had been genuinely negotiated and that it did not contain any terms that were contrary to public policy or detrimental to the health and safety of employees. The Commission also noted that the agreement met the requirements for approval under the Fair Work Act, as it did not disadvantage employees in terms of pay, conditions, or job security compared to the relevant award. Based on this, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

As a result of the Commission's approval, the agreement between Kaycee Fire Protection Pty Ltd and the union became a legally binding document, setting out the terms and conditions of employment for the union's members during the period 2024-2027. This decision provided certainty and stability for both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established