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

[2025] FWCA 1546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

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

(AG2025/1339)

M SQUARED INFRASTRUCTUREPTY LTD & CEPU SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER PERICA	MELBOURNE, 8 MAY 2025

Application for approval of the M Squared InfrastructurePty Ltd & CEPU South Australian Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the M Squared InfrastructurePty Ltd & CEPU South Australian Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied each of the requirements of sections 186 and 187 of the Act relevant to this application have been met. I am satisfied Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of the 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 the Agreement was made with the CEPU and the agreement covers that organisation under section 53(2)(b).

The Agreement is approved today 8 May 2025. It will operate from 15 May 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the M Squared Infrastructure Pty Ltd & CEPU South Australian Enterprise Agreement 2025. The applicants were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and M Squared Infrastructure Pty Ltd. The union sought approval for the proposed enterprise agreement, which had been negotiated between the parties. The dispute centered on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission needed to determine included whether the agreement satisfied the requirements of the Fair Work Act, including the good faith bargaining provision and the process for fair and genuine negotiations. The commission also had to consider whether the agreement contained appropriate provisions for the protection of employees' rights and whether it was in the best interests of the employees. Another issue was whether the agreement complied with the modern awards and other applicable industrial instruments.

The Fair Work Commission found that the agreement was appropriately negotiated in good faith and complied with the statutory requirements for approval. The commission noted that the agreement contained provisions that protected the rights of employees, including provisions for minimum rates of pay, penalties for non-compliance, and dispute resolution mechanisms. The commission was satisfied that the agreement was in the best interests of the employees and that it did not undermine the operation of the modern awards. The commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the M Squared Infrastructure Pty Ltd & CEPU South Australian Enterprise Agreement 2025, finding that it complied with the requirements of the Fair Work Act and was in the best interests of the employees. The commission noted that the agreement contained appropriate provisions for the protection of employees' rights and that it did not undermine the operation of the modern awards. The approval of the agreement means that it will now be legally binding on the parties and will govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established