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

[2025] FWCA 2169

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

(AG2025/1993)

ADELPOWER PTY LTD & CEPU SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2025

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JULY 2025

Application for approval of the AdelPower Pty Ltd & CEPU South Australian Enterprise Agreement 2025

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 AdelPower Pty Ltd & CEPU South Australian Enterprise Agreement 2025 (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 2 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application for the approval of the AdelPower Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) South Australian Enterprise Agreement 2025. The dispute arose as the union and the employer sought to formalise their employment terms for the specified period, and the court was required to ensure the agreement complied with the Fair Work Act 2009.

The central legal issue before the court was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act, particularly focusing on whether it contained all necessary provisions and was free from prohibited content. The court also needed to determine if the agreement was made in good faith and if it complied with the procedural requirements set out in the Act.

In rendering its decision, the court meticulously reviewed the provisions of the agreement against the statutory requirements. The court found that the agreement contained all the necessary provisions, including those concerning wages and other conditions of employment. The court further determined that the agreement did not include any content that was prohibited under the Act and was made in good faith. The procedural fairness of the bargaining process was also upheld, satisfying the court that all requisite steps were taken in accordance with the Act.

Consequently, the court approved the AdelPower Pty Ltd and CEPU South Australian Enterprise Agreement 2025, recognising it as compliant with the statutory framework. This approval formalises the terms and conditions of employment for the specified period, ensuring that both parties are bound by the agreed terms, subject to the conditions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established