M SQUARED INFRASTRUCTUREPTY LTD & CEPU SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2025

Application for variation of the M Squared InfrastructurePty Ltd & CEPU South Australian Enterprise Agreement 2025

[1] On 30 September 2025, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made an application under s 210 to vary the M Squared InfrastructurePty Ltd & CEPU South Australian Enterprise Agreement 2025 (the Agreement). The employer covered by the Agreement is M Squared Infrastructure Pty Ltd (MSI). Voting to approve the variation concluded on 5 September 2025. The variation to the Agreement is attached as Annexure A.

[2] The CEPU seeks to vary the Agreement on the following bases as outlined in an email sent by MSI to employees:

"• Increasing the base hourly rate on projects over $5bn;

• Increasing the daily travel and fares allowance on projects over $5bn;
• Increasing the weekly severance payable on projects over $5bn;
• Adding an all purpose infrastructure allowance of $3/hr on projects over $5bn;
• Fixing the project allowance to $9.60 for projects over $5bn; and
• Inclusion of a training commitment to provide upskilling opportunities for electricians on projects over $5bn."

[3] On Thursday, 13 November 2025, this matter was listed for a mention hearing to discuss a concern on the manner of voting, which was conducted by show of hands according to the Form F23AB declaration filed by Mr. Peter Smyrnis, Director of Infrastructure at MSI. On the material, it was unclear whether the identity of voters was ascertainable by the employer.[1] Mr. James Fox, a CEPU Employment and Industrial Lawyer, appeared for it. I asked Mr. Fox for a witness statement explaining the circumstances of the voting process.

[4] On Wednesday, 19 November, Mr. Fox filed a witness statement of Mr. Alex Capper, a CEPU Organiser. Mr. Capper states he has "responsibility for organising and representing members in the electrical contracting industry which includes M-squared". He continues, explaining the voting process:

"On Friday the 5th of September outside the community centre opposite the Torrens to Darlington projects southern tunnel south precinct immediately following their pre-start meeting at approximately 6:30am. The proposed enterprise agreement covered six people. All six were present. We discussed the effect of the proposed changes so that people were clear what they were going to vote on. I asked if they had any questions. They did not. I said we'd be putting it to a vote. I proposed a show of hands, but raised the option of a secret ballot. The workers all indicated they were comfortable with a show of hands. The vote was held and unanimously supported. The only people present were the seven of us. The vote was held off site. No manager, or any other person was present."

[5] Based on the material contained in the application, the accompanying declaration from Mr. Smyrnis and the statement of Mr. Capper, I am satisfied that each of the requirements under ss 211 and 212 as are relevant to this application have been met.

[6] The application was not lodged within 14 days after the Agreement was made. Pursuant to section 210(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] I therefore approve the variation and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s 216 of the Act, the variation operates from 28 November 2025.

[1] Paragraph 15 of the Statement of Principles on Genuine Agreement.

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