Comade Pty Ltd

[2025] FWCA 2428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Comade Pty Ltd

(AG2025/2309)

COMADE PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JULY 2025

Application for approval of the Comade Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

Comade Pty Ltd has made an application for approval of an enterprise agreement known as the Comade Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the employee organisation that will be covered by the Agreement is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement was approved on 23 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Comade Pty Ltd, represented by CEPU Electrical Division Queensland, has applied for approval of the Cross River Rail Project Enterprise Agreement 2025-2027. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute revolves around the proposed enterprise agreement's terms and conditions, which need to be assessed for compliance with the Act and the principles of industrial fairness.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act, specifically if it contained the minimum entitlements required by the Act and whether it was fairly negotiated. Furthermore, the Commission had to consider if the agreement was in the best interests of the employees, taking into account the principles of industrial fairness and the broader economic context.

The Commission found that the agreement met all the statutory requirements and was fairly negotiated. It contained all the minimum entitlements mandated by the Act and adhered to the principles of industrial fairness. The Commission noted the parties' cooperative approach in reaching the agreement and considered the broader economic context, which supported the agreement's terms. Consequently, the Commission approved the enterprise agreement.

The Commission's decision to approve the Cross River Rail Project Enterprise Agreement 2025-2027 reflects a thorough evaluation of the agreement's compliance with the Fair Work Act and the principles of industrial fairness. The Commission's approval is effective from the date of the decision, allowing the agreement to govern the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established