Blackman Electrical Services Pty Ltd
[2025] FWCA 3096
•12 SEPTEMBER 2025
| [2025] FWCA 3096 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Blackman Electrical Services Pty Ltd
(AG2025/2826)
BLACKMAN ELECTRICAL SERVICES PTY LTD T/A ELITE CLASS ELECTRICAL ENTERPRISE AGREEMENT 2025–2029
| Electrical contracting industry | |
| DEPUTY PRESIDENT FAROUQUE | MELBOURNE, 12 SEPTEMBER 2025 |
Application for approval of the Blackman Electrical Services Pty Ltd T/A Elite Class Electrical Enterprise Agreement 2025–2029
Introduction
Blackman Electrical Services Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Blackman Electrical Services Pty Ltd T/A Elite Class Electrical Enterprise Agreement 2025–2029 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
National Employment Standards (NES) Issues
I note that clause 7.4 of the Agreement (Compassionate leave) is silent on the entitlement to compassionate leave in cases of stillbirth or miscarriage. However, clause 5.15.2 (NES Minimum Standards) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.
Section 190 Undertakings
The Employer has provided written undertakings. The undertakings respond to some concerns raised by the Commission relating to the better off overall test under s 193. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
DEPUTY PRESIDENT
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Annexure A
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