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

Case [2025] FWCA 1707


[2025] FWCA 1707

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

(AG2025/1468)

ALL FIRE PROTECTION SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2024-2028

Plumbing industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 22 MAY 2025

Application for approval of the All Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028

  1. 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 All Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. The Agreement was approved on 22 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE529106  PR787523>

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FWCA 1707
Case
[2025] FWCA 1707
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the All Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028. The dispute centred on whether the proposed enterprise agreement, which aimed to govern the employment terms and conditions for employees of All Fire Protection Services Pty Ltd in New South Wales and the Australian Capital Territory, met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement provided for the genuine and fair resolution of workplace disputes, contained provisions for the protection of employees' health and safety, and was otherwise in compliance with the relevant sections of the Fair Work Act. The Commission also considered whether the agreement had been negotiated in good faith and if it provided for the proper administration and enforcement of its terms.

The Fair Work Commission found that the enterprise agreement did indeed meet the statutory requirements for approval. It determined that the agreement contained provisions for the genuine and fair resolution of workplace disputes, including mechanisms for conciliation and mediation. The Commission also noted that the agreement included necessary health and safety provisions and that it had been negotiated in good faith. Furthermore, the Commission was satisfied that the agreement provided for proper administration and enforcement of its terms.

Consequently, the Fair Work Commission approved the All Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2024-2028, deeming it to be a lawful and fair agreement. This approval means that the terms and conditions set out in the agreement are now binding on the employees of All Fire Protection Services Pty Ltd within the specified jurisdictions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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