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

[2025] FWCA 2684

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

(AG2025/2539)

TECNAIR SERVICES PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 AUGUST 2025

Application for approval of the Tecnair Services Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026

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 Tecnair Services Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 12 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Tecnair Services Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026. The parties to the agreement were Tecnair Services Pty Ltd, represented by its managing director, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute was heard in the Fair Work Commission, which has jurisdiction over matters relating to workplace relations and agreements. The Union sought approval of the agreement, which was contested by the employer on certain grounds.

The central legal issue before the court was whether the agreement should be approved under the Fair Work Act 2009. The employer argued that the agreement did not meet certain criteria necessary for its approval, specifically relating to the coverage of employees and the fairness of the terms. The Union contended that the agreement was fair and appropriate for the employees it covered. The court was required to assess whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions.

In determining the application, the court considered the provisions of the Fair Work Act and the specific terms of the agreement. The court examined the coverage of the agreement and found it to be appropriate for the intended employees. The court also assessed the fairness of the terms, considering factors such as the bargaining power of the parties and the nature of the industry. The court concluded that the agreement met the necessary criteria for approval and was in the best interests of the employees. The employer's objections were dismissed, and the court approved the agreement.

The Fair Work Commission approved the Tecnair Services Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026. The decision was made on the basis that the agreement was fair and met the criteria set out in the Fair Work Act. The court's approval ensures that the agreement will govern the employment conditions for the specified period, providing a framework for the relationship between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established