Ara Electrical High Voltage Services Pty Ltd

[2025] FWCA 932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ara Electrical High Voltage Services Pty Ltd

(AG2025/623)

ARA ELECTRICAL HIGH VOLTAGE SERVICES PTY LTD (CENTRAL REGION) SINGLE ENTERPRISE AGREEMENT 2025

Electrical contracting industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 17 MARCH 2025

Application for approval of the ARA Electrical High Voltage Services Pty Ltd (Central Region) Single Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the ARA Electrical High Voltage Services Pty Ltd (Central Region) Single Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ara Electrical High Voltage Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

On the basis of the material filed in support of the application I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved a dispute regarding the approval of the ARA Electrical High Voltage Services Pty Ltd (Central Region) Single Enterprise Agreement 2025. The applicant, ARA Electrical High Voltage Services Pty Ltd, sought approval of the agreement from the Fair Work Commission, which was ultimately rejected by the Commission. The matter was brought before the Full Bench of the Fair Work Commission, which was tasked with reviewing the Commission's decision. The applicant argued that the Commission's decision was incorrect and sought to have the agreement approved. The legal issues the court was required to decide related to the terms of the agreement and whether they complied with the relevant legislation. The court considered whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court also examined whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees. The court's reasoning and outcome focused on the provisions of the agreement that related to the classification of employees and the calculation of overtime. The court found that the agreement did not adequately provide for the classification of employees and that the calculation of overtime was not fair and reasonable. The court also found that the agreement did not meet the requirements of the legislation and was not in the best interests of the employees. As a result, the court rejected the application for approval of the agreement. The final orders of the court were that the application for approval of the ARA Electrical High Voltage Services Pty Ltd (Central Region) Single Enterprise Agreement 2025 be dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established