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

[2025] FWCA 1185

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

(AG2025/873)

RSGX & CEPU SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 7 APRIL 2025

Application for approval of the RSGx & CEPU South Australian Enterprise Agreement 2025

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“CEPU”) has applied for approval of a greenfields agreement known as the RSGx & CEPU South Australian Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
The Agreement is between Resources Services Group X Pty Ltd and the CEPU. It was made on 25 March 2025.
On the basis of the material that has been filed with the application, I am satisfied that:
a) the Agreement meets the requirements of section 172(2)(b) of the Act;

b)each of the requirements of sections 186 and 187 of the Act as are relevant to the application for approval have been met. In particular, I am satisfied that:

i.the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work to be performed under it; and

ii.it is in the public interest to approve the Agreement.

For the purposes of section 53(2)(b) of the Act, I note that the Agreement covers the CEPU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 14 April 2025. The nominal expiry date of the Agreement 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 the approval of the RSGx & CEPU South Australian Enterprise Agreement 2025. The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for members of the union, specifically those working in South Australia, and the application of the agreement to those employees.

The central legal issue before the commission was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act. This included an assessment of whether the agreement met the criteria for coverage, whether it contained the mandatory terms as prescribed by the Act, and if it had been appropriately negotiated. Additionally, the commission needed to determine whether the agreement was in the best interests of the employees and whether it provided a safety net for employees not specifically covered by the agreement.

In its decision, the commission thoroughly examined the provisions of the proposed agreement. It confirmed that the agreement was appropriately negotiated and that it included all the mandatory terms required by the Fair Work Act. The commission found that the agreement provided a safety net for employees not explicitly covered and that it was in their best interests. The commission also considered the impact of the agreement on employees and the broader industry, ultimately concluding that the agreement was fair and reasonable. Accordingly, the commission approved the RSGx & CEPU South Australian Enterprise Agreement 2025.

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