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

[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

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

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

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU – Plumbing Division (Vic), for the approval of the Bayside Fire Protection Geelong Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027. The applicant sought to have the enterprise agreement registered as a protected action (agreement) under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legislative requirements and whether it was fair and reasonable in all its terms.

The court had to determine whether the agreement contained all the prescribed minimum terms and conditions as set out in the Fair Work Regulations 2009, and whether it met the criteria for being a protected action (agreement) under the Fair Work Act. Specifically, the court examined if the agreement provided for a proper mechanism for the resolution of disputes and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. Additionally, the court considered whether the agreement was fair and reasonable in all its terms, taking into account the overall balance of the agreement and the interests of the parties involved.

After reviewing the agreement and the submissions from both parties, the court found that the Bayside Fire Protection Geelong Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 complied with all the necessary legislative requirements. The court was satisfied that the agreement contained all the prescribed minimum terms, provided an adequate dispute resolution mechanism, and was fair and reasonable in all its terms. Consequently, the court approved the agreement and ordered its registration as a protected action (agreement) under the Fair Work Act.

The final orders of the court included the approval and registration of the enterprise agreement as a protected action (agreement), effective from the date of the court’s decision. This registration ensures that the agreement is legally binding on the parties and that it provides a framework for the employment relationship between Bayside Fire Protection Geelong Pty Ltd and the union members covered by the 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