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

[2025] FWCA 1863

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

(AG2025/1604)

LAMBDA INTEGRATED SYSTEMS PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2024-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2025

Application for approval of the Lambda Integrated Systems Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2026

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 Lambda Integrated Systems Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 3 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case concerning the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval for a proposed agreement between Lambda Integrated Systems Pty Ltd and the ETU NSW/ACT Construction Union for the period 2024-2026. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement contained terms that were contrary to the public interest, which could bar approval under section 234 of the Act. Specifically, the applicant needed to demonstrate that the agreement was consistent with the objects of the Act, including the promotion of harmonious, productive, and cooperative workplace relations. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

In delivering its decision, the Commission carefully reviewed the terms of the agreement, weighing them against the relevant statutory criteria. It found that the proposed agreement contained provisions that were fair and reasonable and did not contravene the public interest. The Commission noted that the agreement included provisions for wage increases, improved leave entitlements, and better working conditions, which aligned with the objectives of the Act. Additionally, the Commission was satisfied that the agreement fostered cooperative workplace relations and did not impose any terms that would be detrimental to employees or employers.

Consequently, the Fair Work Commission approved the proposed agreement, finding that it met all necessary statutory requirements and was in the best interest of both parties. The approval ensures that the terms of the agreement will be legally binding, providing clarity and certainty for both employers and employees going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established