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

[2025] FWCA 1503

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

(AG2025/1270)

AUSCOAST FIRE SERVICES PTY LTD QTMP BUILDING CEPU PROJECT AGREEMENT 2024–2028

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2025

Application for approval of the Auscoast Fire Services Pty Ltd QTMP Building CEPU Project Agreement 2024–2028

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 Auscoast Fire Services Pty Ltd QTMP Building CEPU Project Agreement 2024–2028 (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 6 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

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 Auscoast Fire Services Pty Ltd QTMP Building CEPU Project Agreement 2024–2028. The union sought approval of the agreement, which was intended to cover employees working within the building sector, under the Fair Work Act 2009. The dispute arose from the need to formalise employment conditions and address various terms and conditions of employment for the specified period.

The primary legal issue the Commission had to determine was whether the agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement contained all the mandatory terms prescribed by the Act, and whether it adhered to the provisions that ensure it was not contrary to public policy or detrimental to employees. The Commission also had to consider whether the agreement was made in good faith and whether it provided fair and reasonable terms for the employees involved.

The Fair Work Commission found that the Auscoast Fire Services Pty Ltd QTMP Building CEPU Project Agreement 2024–2028 was in compliance with the requirements of the Fair Work Act. The Commission confirmed that the agreement contained all the mandatory terms and did not contravene any provisions of the Act. It was also determined that the agreement was made in good faith and provided fair and reasonable terms for the employees. Consequently, the Commission approved the agreement, enabling it to be used as a basis for employment under the terms set out in the agreement.

The final orders of the Commission included the approval of the Auscoast Fire Services Pty Ltd QTMP Building CEPU Project Agreement 2024–2028, which was to be registered under the Fair Work Act. The agreement was to take effect from the date of the Commission’s decision and would apply to the employees as specified within the agreement. This decision provided clarity and certainty for both the union and the employer regarding the terms and conditions of employment moving forward.

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