Proton Power Pty Ltd Summary

[2025] FWCA 2336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Proton Power Pty Ltd

(AG2025/2169)

PROTON POWER PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JULY 2025

Application for approval of the Proton Power Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Proton Power Pty Ltd has made an application for approval of an enterprise agreement known as the Proton Power Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 15 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Proton Power Pty Ltd, the applicant, sought approval for an enterprise agreement with the CEPU Electrical Division Queensland. The applicant submitted that the agreement, which was made in accordance with the relevant legislative provisions, should be approved and registered. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The key legal issue before the Commission was whether the agreement met the necessary criteria for approval, including whether it was made in good faith and without coercion, whether it provided for a fair and efficient method of determining pay and conditions, and whether it complied with the procedural requirements of the Act. Additionally, the Commission needed to assess whether the agreement contained all the prescribed minimum terms and conditions of employment as required by law.

The Commission found that the agreement was made in good faith and without coercion, and that it provided for a fair and efficient method of determining pay and conditions. The Commission also determined that the agreement complied with the procedural requirements of the Act and contained all the prescribed minimum terms and conditions of employment. Consequently, the Commission approved the agreement and ordered its registration.

The Commission made an order approving the Proton Power Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 and registering it under the Fair Work Act 2009. The agreement is now legally binding on the parties and will govern the employment terms and conditions for the specified period.

Proton Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established