Blackman Electrical Services Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Blackman Electrical Services Pty Ltd trading as Elite Class Electrical, sought approval of an enterprise agreement that would govern the employment conditions of its employees for the period 2025 to 2029. The application was heard in the Fair Work Commission, which has the authority to approve such agreements. The dispute centred on whether the proposed agreement complied with the relevant legislative framework and whether it provided fair and reasonable terms for the employees.

The primary legal issues that the Commission had to address were whether the agreement met the statutory requirements set out in the Fair Work Act 2009, and whether it was free from any prohibited content that could render it invalid. The Commission also needed to consider if the agreement provided for fair and reasonable terms and conditions for the employees, including provisions on pay, hours of work, leave, and dispute resolution mechanisms. Additionally, the Commission examined whether the agreement was made in good faith and without coercion.

The Commission found that the agreement complied with the statutory requirements and did not contain any prohibited content. The terms and conditions of the agreement were deemed to be fair and reasonable, taking into account the specific circumstances of the enterprise and the bargaining positions of the parties. The Commission was satisfied that the agreement was made in good faith and without coercion. Therefore, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Blackman Electrical Services Pty Ltd T/A Elite Class Electrical Enterprise Agreement 2025–2029 to be registered, effective from 1 July 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established