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

[2025] FWCA 1712

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

(AG2025/1513)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MAY 2025

Application for approval of the Hydro Shield Fire Services 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 Hydro Shield Fire Services 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 22 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU – Plumbing Division (Vic), filed an application for the approval of the Hydro Shield Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The dispute arose under the Fair Work Act 2009, where the union sought to have the agreement registered by the Fair Work Commission. The company, Hydro Shield Fire Services Pty Ltd, did not oppose the application, but the union needed to demonstrate that the agreement met the statutory requirements for approval.

The primary legal issue before the court was whether the agreement fulfilled the criteria set out in the Fair Work Act for enterprise agreements to be approved. This included ensuring that the agreement was a genuine enterprise agreement, made under the provisions of the Act, and met the specific requirements for bargaining, including the provision of a copy of the agreement to all employees and the provision of an opportunity for employees to be represented. The court also needed to assess whether the agreement contained the necessary minimum terms and conditions as stipulated by the Act.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, meeting all the statutory requirements. The union demonstrated that the agreement had been made in good faith and that it complied with the Act's provisions. The agreement included the mandatory minimum terms and conditions, and the union had provided evidence that a copy of the agreement had been given to all relevant employees. The Commission was satisfied that the agreement was made under the provisions of the Act and that the employees had an opportunity to be represented. Given the lack of opposition from Hydro Shield Fire Services Pty Ltd and the union's compliance with the statutory obligations, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the Hydro Shield Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, confirming its compliance with the Fair Work Act. This decision ensures that the terms of the agreement are legally binding and enforceable for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established