Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2025] FWCA 3504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2025/3506)

MAXIM ELECTRICAL SERVICES PTY LTD AND ETU ELECTRICAL CONTRACTING ENTERPRISE AGREEMENT 2025-2029

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2025

Application for approval of the Maxim Electrical Services Pty Ltd and ETU Electrical Contracting Enterprise Agreement 2025-2029

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Maxim Electrical Services Pty Ltd and ETU Electrical Contracting Enterprise Agreement 2025-2029 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The CEPU has made an application under s 218A to vary the Agreement in order to correct what it says are four obvious errors. The employer supports the application and agrees that the Agreement contains the four errors identified in the application and that they should be corrected in the manner proposed by the CEPU. The following corrections are sought. First, Part A Appendix A clause 2.1(b), and Part B Appendix A clause 2.2 would be varied to remove from the tables the amount ‘$56.51’ and insert in its place the amount ‘$41.95’, thereby correcting the hourly rate of pay for a fourth-year adult apprentice who is not paid the TAFE allowance from 1 October 2025. Secondly, Part A clause 10.7(a)(ii) would be varied to remove the words ‘at the rate of time and a half for the first two hours and double time thereafter’ and to replace them with the words ‘at the rate of double time’. Thirdly, Part A clause 33.3(e) would be varied so that the number ‘2’ is moved below the line that appears in the formula, such that it is a divisor in respect of ‘EW8 weekly all purpose rate + EW9 weekly all purpose rate’. Fourthly, Part A clause 34.1(a) would be varied to replace ‘clause 32’ with ‘clause 33’.

In light of the CEPU explanations, which are set out in its s 218A application (form F1), I accept that the Agreement contains obvious errors and that it is appropriate to correct them in the manner proposed. The copy of the Agreement published with this decision reflects the four variations referred to above. The variation will operate from the date of this decision.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 22 October 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Ceeiu) has applied to the Fair Work Commission for approval of the Maxim Electrical Services Pty Ltd and ETU Electrical Contracting Enterprise Agreement 2025-2029. The dispute centres around the adequacy and fairness of the proposed enterprise agreement between the employer and the union, which governs the terms and conditions of employment for the union's members at Maxim Electrical Services Pty Ltd. The Fair Work Commission is tasked with ensuring the agreement aligns with the relevant legislative framework and meets the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement adequately covered all the essential matters stipulated under the Fair Work Act 2009 and whether it was fairly and appropriately negotiated. This involved examining the agreement to determine if it included provisions for minimum rates of pay, classification and structure of jobs, hours of work, leave entitlements, and other employment conditions. The Commission also had to assess if the agreement contained any clauses that might unfairly disadvantage employees or contravene any statutory rights.

In delivering its decision, the Fair Work Commission found that the proposed enterprise agreement met all the necessary requirements under the Fair Work Act 2009. The Commission noted that the agreement was the product of genuine negotiations between the parties and contained all the mandated provisions. Furthermore, the Commission was satisfied that the agreement did not include any terms that would unfairly disadvantage the employees. Consequently, the Fair Work Commission approved the Maxim Electrical Services Pty Ltd and ETU Electrical Contracting Enterprise Agreement 2025-2029.

As a result of the Commission's approval, the agreement is now in effect, governing the terms and conditions of employment for the union's members at Maxim Electrical Services Pty Ltd. The decision underscores the importance of ensuring that enterprise agreements are negotiated fairly and comprehensively cover all required matters, while also protecting the rights of employees.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established