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

[2025] FWCA 1096

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

(AG2025/778)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2025

Application for approval of the Sentry Fire Protection 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 Sentry Fire Protection 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 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of the Sentry Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The agreement in question was made between Sentry Fire Protection Pty Ltd, the employer, and the union, which represents the employees. The dispute centred around the terms and conditions outlined within the enterprise agreement, specifically whether they complied with the relevant legislative requirements and whether they provided fair and reasonable outcomes for the employees.

The legal issues before the court required it to determine whether the enterprise agreement met the criteria set out in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it provided for the terms and conditions of employment of the employees, and whether it was in the best interests of the employees. Additionally, the court had to consider whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The court examined the evidence presented by both parties and considered the relevant legislation and case law. It found that the enterprise agreement was made in good faith and provided for the terms and conditions of employment of the employees. The court was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable outcomes, including provisions for wages, hours of work, and other employment conditions. The court also determined that the agreement complied with the relevant legislation and was therefore eligible for approval.

Accordingly, the Fair Work Commission approved the Sentry Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The agreement was approved as a registered agreement under the Fair Work Act 2009, and it will now apply to the employees of Sentry Fire Protection Pty Ltd for the period of 2024 to 2027. The union and the employer are now bound by the terms and conditions set out in the approved enterprise 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