Bartech Switchboards Pty. Ltd.

[2025] FWCA 2421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bartech Switchboards Pty. Ltd.

(AG2025/2134)

BARTECH SWITCHBOARDS PTY. LTD. SINGLE ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER PERICA	MELBOURNE, 23 JULY 2025

Application for approval of the Bartech Switchboards Pty. Ltd. Single Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bartech Switchboards Pty. Ltd. Single Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met.

The Agreement is approved today 23 July 2025. It will operate from 30 July 2025 as required by section 54 of the Act. The nominal expiry date is 23 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bartech Switchboards Pty. Ltd. recently faced a legal dispute before the Fair Work Commission concerning the approval of its proposed Single Enterprise Agreement for the year 2025. The applicant, Bartech Switchboards, sought the Commission's approval of the agreement, which outlined terms and conditions for its employees. The dispute arose from negotiations between the company and its workforce, culminating in the submission of the proposed agreement for formal endorsement by the Commission.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all necessary provisions, complied with relevant legislative standards, and was made in good faith. The Commission also had to consider if the agreement provided fair and reasonable terms for the employees and if it adhered to the principles of enterprise bargaining as mandated by the Act.

In rendering its decision, the Commission meticulously examined the proposed agreement against the statutory criteria. It found that the agreement included all the necessary provisions and was in compliance with the relevant legislative standards. The Commission also determined that the agreement was made in good faith and provided fair and reasonable terms for the employees. Furthermore, it concluded that the agreement adhered to the principles of enterprise bargaining. Based on these findings, the Commission approved the Bartech Switchboards Pty. Ltd. Single Enterprise Agreement 2025, ensuring that it would come into effect as planned.

The Fair Work Commission's decision effectively resolved the dispute by approving the proposed enterprise agreement, which will now govern the employment conditions of Bartech Switchboards Pty. Ltd.'s employees for the specified period. This outcome provides clarity and certainty for both the company and its workforce, ensuring that the agreement operates within the legal framework established by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established