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

[2025] FWCA 946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

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

(AG2025/628)

INTERCON ENGINEERING PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH PARK LIFE PROJECT AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER REDFORD	MELBOURNE, 21 MARCH 2025

Application for approval of the Intercon Engineering Pty Ltd and CEPU - Plumbing Division - NSW Branch Park Life Project Agreement 2025

An application has been made for approval of an enterprise agreement known as the Intercon Engineering Pty Ltd and CEPU - Plumbing Division - NSW Branch Park Life Project Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and concerns Intercon Engineering Pty Ltd (Intercon).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. On 21 March 2025 Intercon filed an amended Form F20 Declaration in support of the application and on the basis of that Declaration, I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement as required by s 187(5)(b).

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

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

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought approval of a proposed agreement between Intercon Engineering Pty Ltd and the CEPU - Plumbing Division - NSW Branch for the Park Life Project. The application was brought before the Fair Work Commission. The legal issues before the Commission centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly in terms of its compliance with the Fair Work (Registered Organisations) Act 2009. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it complied with the relevant provisions of the Act.

The Commission examined the provisions of the proposed agreement, focusing on the terms related to wages, hours of work, and other conditions. It considered whether the agreement provided adequate protections for employees and if it aligned with the objectives of the Fair Work Act. The Commission also assessed the fairness of the agreement in light of the bargaining power of the parties and the potential impact on employees. Ultimately, the Commission found that the proposed agreement was fair and reasonable and met all the necessary criteria for approval. The Commission highlighted that the agreement provided for adequate protections for employees and ensured that their terms and conditions of employment were fair and reasonable. The agreement also aligned with the objectives of the Fair Work Act and provided a fair and balanced outcome for both parties.

The Commission approved the proposed agreement, and it will now be registered and enforceable under the Fair Work Act. This decision provides clarity and certainty for both the union and the employer in relation to the terms and conditions of employment for the Park Life Project. The approval of the agreement ensures that employees will receive fair and reasonable terms and conditions of employment, and it provides a balanced outcome for both parties. The decision also reinforces the importance of the Fair Work Commission's role in overseeing the registration and approval of workplace agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established