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

[2025] FWCA 1487

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

(AG2025/1220)

COMPLIANCE MAINTENANCE SOLUTIONS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MAY 2025

Application for approval of the Compliance Maintenance Solutions 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 Compliance Maintenance Solutions 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 5 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a new enterprise agreement between Compliance Maintenance Solutions Pty Ltd and the CEPU – Plumbing Division (Vic). The application was brought before the Fair Work Commission to determine if the agreement met the necessary legal standards and requirements under the Fair Work Act 2009. The CEPU – Plumbing Division (Vic) sought approval of the Fire Protection Enterprise Agreement 2024 – 2027, which detailed the terms of employment for its members within the specified period.

The primary legal issues that the Commission had to address included whether the agreement provided fair and reasonable terms of employment, whether it complied with the minimum entitlements set by the Act, and whether the process leading to the agreement was fair and transparent. The Commission also needed to consider if the agreement was made without coercion, undue influence, or in an environment that allowed for genuine negotiation. Furthermore, the Commission examined if the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

In delivering its decision, the Commission thoroughly reviewed the provisions of the agreement and the process through which it was negotiated. The Commission found that the agreement provided fair and reasonable terms of employment, was in compliance with the minimum standards of the Act, and was achieved through a process that was free from coercion or undue influence. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or otherwise unlawful. Based on these findings, the Commission approved the Fire Protection Enterprise Agreement 2024 – 2027.

The Fair Work Commission approved the Fire Protection Enterprise Agreement 2024 – 2027, effective from the date of the Commission's decision. The agreement now sets the terms of employment for the members of the CEPU – Plumbing Division (Vic) for the period 2024 to 2027, subject to the conditions and provisions outlined in the approved agreement.

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