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

[2025] FWCA 2209

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

(AG2025/2084)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2025

Application for approval of the Nextgen Fire ESM 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 Nextgen Fire ESM 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 4 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to the Fair Work Commission for approval of the Nextgen Fire ESM Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The union sought to have the agreement recognised as a protected action in good faith under section 236 of the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, particularly those related to employment conditions and protections.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and whether it complied with the provisions of the Act, including those concerning minimum entitlements and the avoidance of unfair dismissal. The union argued that the agreement was made in good faith and provided fair and reasonable terms for employees. The employer, Nextgen Fire ESM Pty Ltd, contended that certain provisions of the agreement were not in line with the Act and could lead to unfair dismissals.

The Fair Work Commission, in its decision, considered the arguments presented by both parties and examined the terms of the proposed agreement. The court found that the agreement generally met the statutory requirements for approval. The union's arguments regarding good faith and the reasonableness of the terms were accepted, and the court found that the provisions were not unfair or discriminatory. The employer's concerns about potential issues with unfair dismissal were addressed, and the court concluded that the agreement did not contravene the Fair Work Act 2009.

The final orders of the court approved the Nextgen Fire ESM Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 as a protected action in good faith. The agreement was deemed to comply with the requirements of the Fair Work Act 2009 and was recognised as a valid enterprise agreement. This decision allowed the terms of the agreement to take effect from the specified date, providing a framework for the employment conditions of the relevant employees for the duration 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