All Data & Communications Pty. Ltd

[2025] FWCA 2514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

All Data & Communications Pty. Ltd

(AG2025/2446)

ALL DATA & COMMUNICATIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2025

Application for approval of the All Data & Communications Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

All Data & Communications Pty. Ltd has made an application for approval of an enterprise agreement known as the All Data & Communications Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 30 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Data & Communications Pty Ltd, along with CEPU Electrical Division Queensland, applied to the Fair Work Commission for the approval of their Enterprise Agreement for the Cross River Rail Project, spanning from 2025 to 2027. The applicants sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, ensuring that it would provide the terms and conditions of employment for the employees covered by the agreement. The dispute arose from objections to the proposed terms of the agreement, necessitating a judicial review of the agreement's provisions.

The central legal issues before the court were whether the proposed Enterprise Agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was appropriately negotiated, if it contained all the necessary provisions, and if it complied with the provisions regarding the avoidance of unfair dismissal and the protection of employees' rights. Furthermore, the court had to consider whether the agreement provided a fair and reasonable outcome for all parties involved.

The court reviewed the negotiation process and found that it was conducted in good faith, with both parties engaging in meaningful discussions. The court examined the provisions of the agreement and concluded that they were comprehensive and addressed the essential terms and conditions of employment. The court also considered the impact of the agreement on employees' rights and found that it did not unfairly disadvantage any party. Based on this analysis, the court approved the Enterprise Agreement, recognising it as a registered agreement under the Fair Work Act 2009. The court's decision provided certainty for the parties involved and ensured that the employees would benefit from the agreed-upon terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established