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

[2025] FWCA 2401

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

(AG2025/2226)

C2O GROUP E&I & ETU POWERLINE GREENFIELDS AGREEMENT 2023-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JULY 2025

Application for approval of the C2O Group E&I & ETU Powerline Greenfields Agreement 2023-2026

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 C2O Group E&I & ETU Powerline Greenfields Agreement 2023-2026 (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 CEPU 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.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 22 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the court was called upon to consider the approval of a particular enterprise agreement. The union sought to have the C2O Group E&I & ETU Powerline Greenfields Agreement 2023-2026 recognised under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, particularly in relation to the process followed in reaching the agreement and the contents of the agreement itself.

The legal issues before the court primarily revolved around the procedural fairness of the agreement negotiation process and the substantive fairness of the terms contained within the agreement. The union argued that the agreement was reached through a proper and fair process and that the terms were reasonable in all the circumstances. The court was required to determine whether the union had complied with the statutory obligations set out in the Fair Work Act, including the necessity for genuine bargaining and the adherence to procedural fairness.

The court, in its detailed analysis, examined the process by which the agreement was negotiated and concluded that the union had indeed followed the appropriate procedures. The court found that the union had engaged in genuine bargaining and had provided adequate notice and opportunity for consultation with the employees. Furthermore, the court considered the terms of the agreement and found them to be fair and reasonable, taking into account the interests of both the employees and the employer. Consequently, the court approved the agreement, confirming its compliance with the statutory requirements.

As a result of the court's decision, the C2O Group E&I & ETU Powerline Greenfields Agreement 2023-2026 was approved and registered under the Fair Work Act 2009. This ruling not only validates the agreement but also sets a precedent for similar agreements in the future, ensuring that both the negotiation process and the terms of the agreement meet the legislative standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established