Aurora Energy Pty Ltd Trading AS Aurora Energy Summary

[2025] FWCA 2266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Aurora Energy Pty Ltd Trading AS Aurora Energy

(AG2025/1974)

AURORA ENERGY ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER TRAN	MELBOURNE, 9 JULY 2025

Application for approval of the Aurora Energy Enterprise Agreement 2025

Aurora Energy (ABN: 85 082 464 622) has applied for approval of an enterprise agreement known as the Aurora Energy Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

Clause 14 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 ASU.

The Agreement is approved and, in accordance with clause 3(a) and s 54 of the Act, will operate from 16 July 2025.

In accordance with, the nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Aurora Energy, sought approval of an enterprise agreement with their employees. The application was brought before the Fair Work Commission. The enterprise agreement, if approved, would regulate various employment terms and conditions for Aurora Energy employees. The applicant argued that the agreement was appropriate for the business, taking into account various economic and operational factors.

The legal issues before the Commission were whether the agreement provided for the employees' pay and conditions fairly and appropriately, and whether the agreement met the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement was in the best interests of the employees and whether it complied with the procedural requirements of the Act. The applicant argued that the agreement was fair and appropriate and met all legislative requirements. The Commission also had to consider submissions from other parties, including unions and individual employees.

In considering these issues, the Commission examined the content of the agreement, the process by which it was negotiated, and the views of the parties involved. The Commission found that the agreement provided for fair and appropriate pay and conditions, and that it complied with the procedural requirements of the Act. The Commission also found that the agreement was in the best interests of the employees and met the requirements of the Act. The Commission approved the enterprise agreement, subject to certain conditions and modifications.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions and modifications. The approval was based on the finding that the agreement provided for fair and appropriate pay and conditions, and that it complied with the procedural requirements of the Act. The approval was also based on the finding that the agreement was in the best interests of the employees and met the requirements of the Act. The Commission imposed certain conditions and modifications to the agreement, including provisions for employee representation and dispute resolution.

Aurora Energy Pty Ltd Trading AS Aurora Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established