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

[2025] FWCA 1038

[2025] FWCA 1038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2025/715)

BAYSIDE FIRE PROTECTION GEELONG PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE

Fire fighting services
COMMISSIONER REDFORD	MELBOURNE, 26 MARCH 2025

Application for approval of the Bayside Fire Protection Geelong Pty Ltd and CEPU –Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027

1. An application has been made for approval of an enterprise agreement known as the Bayside Fire Protection Geelong Pty Ltd and CEPU –Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and concerns an Agreement proposed to cover Bayside Fire Protection Geelong Pty Ltd (the Company) and its employees. The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights 

1. The Notice of Employee Representational Rights (NERR) distributed by the Company was not in the prescribed form, as the pre-reform version has been used, and used a slightly different name for the Agreement to that which was eventually made. Nevertheless, in the circumstances, I am satisfied that these constitute minor procedural or technical errors for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were 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.

Consideration

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. 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. In accordance with s.201(2) I note that the Agreement covers the CEPU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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