Asset Power Solutions Pty Ltd

[2025] FWCA 1470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Asset Power Solutions Pty Ltd

(AG2025/1165)

ASSET POWER SOLUTIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 2 MAY 2025

Application for approval of the Asset Power Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Asset Power Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asset Power Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Asset Power Solutions Pty Ltd, an employer, and CEPU Electrical Division, a union representing employees, which sought approval of the Enterprise Agreement 2023 - 2026. The Fair Work Commission heard the application. The central issue was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement covered a valid bargaining group, was made in good faith, and did not discriminate against employees. The court also had to assess if the agreement's terms and conditions were fair and reasonable.

The Commission began by examining the validity of the bargaining group, considering the definitions and scope of the union's representation. It found the union appropriately represented the employees involved in the negotiations. The court then evaluated the good faith of the parties, taking into account the negotiation process and the willingness to reach a consensus. It concluded that both parties acted in good faith throughout the negotiations. The Commission also scrutinised the agreement's terms to ensure they were fair and reasonable, considering industry standards and the economic context. The Commission found that the agreement's provisions were not unduly harsh and were reflective of the bargaining power of both parties.

Based on its analysis, the Commission approved the Enterprise Agreement 2023 - 2026, finding it met all legal requirements for approval. The decision was based on the thorough examination of the bargaining process, the good faith of the parties, and the fairness of the agreement's terms. The court's approval ensured that the agreement would provide a stable and fair working environment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established