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

[2025] FWCA 1708

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

(AG2025/1512)

KAYCEE FIRE PROTECTION SERVICE 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 Kaycee Fire Protection Service 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 Kaycee Fire Protection Service 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

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Kaycee Fire Protection Service Pty Ltd. The dispute was before the Fair Work Commission, where the Union sought approval for the Fire Protection Enterprise Agreement 2024-2027. This agreement was negotiated between the Union and the company, aiming to establish the terms and conditions of employment for the company's employees covered by the agreement. The Union's application for approval hinged on demonstrating that the agreement complied with the relevant legislative framework and represented a fair and reasonable set of terms and conditions for the employees.

The key legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees. Specifically, the Commission had to consider whether the agreement provided appropriate protections, entitlements, and bargaining rights to the employees, and if it allowed for fair and flexible workplace arrangements. The Union argued that the agreement was fair and reasonable, while the company supported the application, emphasising the agreement's benefits for both parties.

The Fair Work Commission examined the agreement in detail, taking into account the statutory criteria and the evidence presented by both parties. The Commission found that the agreement was compliant with the legislative requirements and adequately protected the employees' interests. The agreement included provisions for minimum wages, leave entitlements, dispute resolution mechanisms, and other essential employment terms. The Commission was satisfied that the agreement was fair and reasonable, considering the specific circumstances of the employees and the bargaining context. Consequently, the application for approval was granted.

The Commission issued an order approving the Fire Protection Enterprise Agreement 2024-2027 between Kaycee Fire Protection Service Pty Ltd and the CEPU – Plumbing Division (Vic) Fire Protection. The agreement is now legally binding and will govern the employment conditions of the relevant employees for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established