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

[2025] FWCA 980

[2025] FWCA 980

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

(AG2025/673)

PURE FIRE GROUP PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION - ENTERPRISE AGREEMENT 2024/2028

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 21 MARCH 2025

Application for approval of the Pure Fire Group Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union - Enterprise Agreement 2024/2028

1. An application has been made for approval of an enterprise agreement known as the Pure Fire Group Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union - Enterprise Agreement 2024/2028 (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 Pure Fire Group 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 a 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.

Interaction with the National Employment Standards

1. Clause 4.4 of the Agreement provides that where there is a conflict between the terms of the Agreement and the statutory obligations contained in the National Employment Standards (NES), the NES shall take precedence to the extent of the conflict (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement: 

a.It is unclear whether clause 35.3 of the Agreement provides that in respect of an agreement to substitute a public holiday for another day, such agreement may only occur between that the employer and an employee, as opposed to a majority of affected employees (in accordance with s 115(3) of the Act). However, when read in conjunction with the NES precedence clause 35.3 will have no effect to the extent of any inconsistency with s 115(3) 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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