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

[2025] FWCA 1147

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

(AG2025/831)

VERST FIRE SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2025

Application for approval of the Verst Fire Services 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 Verst Fire Services 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 3 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has been presented with an application for approval of the Verst Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The applicant, Verst Fire Services Pty Ltd, sought the approval of the agreement with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic Branch). The nature of the dispute involved the terms and conditions of employment as outlined in the proposed agreement and whether they complied with relevant industrial legislation and standards.

The legal issues that the Commission was required to decide included whether the agreement met the statutory requirements for being a lawful, fair, and genuine enterprise agreement under the Fair Work Act 2009. This involved assessing whether the agreement was genuinely negotiated between the employer and the union, whether it provided for minimum terms and conditions, and whether it met the requirements for being a single, indivisible agreement. Furthermore, the Commission had to determine if the agreement was fair and reasonable in all its aspects, taking into account the interests of both the employer and employees.

In reaching its decision, the Commission considered the evidence provided by both parties, including witness statements and submissions. The Commission found that the agreement was genuinely negotiated and met the requirements of a single, indivisible enterprise agreement. The terms and conditions provided for minimum entitlements and were deemed fair and reasonable, taking into account the interests of both parties. Consequently, the Commission approved the Verst Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027.

The final orders of the Commission were that the agreement be approved as a lawful, fair, and genuine enterprise agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of approval until 31 March 2027, unless terminated earlier in accordance with the provisions of the Fair Work Act 2009.

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