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

[2025] FWCA 684

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

(AG2025/347)

ALL ROUND FIRE PROTECTION AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 21 FEBRUARY 2025

Application for approval of the All Round Fire Protection 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 All Round Fire Protection 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. The Agreement is a single enterprise agreement.

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

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of a collective agreement between the union and an employer for their employees. The dispute was heard in the Fair Work Commission. The legal issues before the court involved whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it complied with the provisions for enterprise agreements and whether it was in the best interests of the employees covered by the agreement.

The court examined the provisions of the agreement and found that it complied with the requirements of the Fair Work Act. The court considered the nature of the agreement, the bargaining process, and the interests of the employees. The court was satisfied that the agreement was in the best interests of the employees and approved the agreement. The union's application for approval was therefore successful.

The court ordered that the All Round Fire Protection and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and published on the Fair Work Commission's website. The court also ordered that the agreement would come into effect from the date of registration and would remain in force until the earlier of the date on which it was terminated by the parties or the date on which it was replaced by a new 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