Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V)
Citation: [2026] FWCA 2241
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied for approval of an enterprise agreement. The agreement, named the S&S Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027, covers a single workplace. A minor procedural error occurred in the notice given to employees regarding their representational rights.
What was decided
The Fair Work Commission approved the enterprise agreement. The Commission found the error in the employee notice was a minor technical issue. It did not disadvantage employees. The agreement was deemed genuinely agreed to and met all relevant requirements of the Fair Work Act. The agreement also covers the CEPU.
What it means for employers
Employers should ensure all notices to employees regarding representational rights are in the prescribed form. While minor errors can be overlooked, it's crucial to avoid procedural issues that could delay or prevent enterprise agreement approval.
What it means for employees
Employees should be aware of their rights regarding enterprise agreements. While a minor error occurred in this case, employees should receive proper notice of their representational rights before an agreement is finalized.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections