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

[2025] FWCA 2507

[2025] FWCA 2507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2025/2414)

HVP PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical power industry
COMMISSIONER REDFORD	MELBOURNE, 30 JULY 2025

Application for approval of the HVP Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the HVP Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) and concerns HVP Pty Ltd (HVP). The Agreement is a single enterprise agreement.

Consultation term

1. The Agreement does not contain all of the requisite consultation terms, as required by s 205(1) of the Act (particularly in relation to consultation over a change to regular roster or ordinary hours of work). Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

Interaction with the National Employment Standards

1. Clause 6 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more beneficial outcome, in which case the NES will prevail to the extent of the inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 29 (k) - Termination deductions

b.Clause 27.15 - Personal/Carer’s leave

Consideration

1. On the basis of the material filed in support of the application, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The ETU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the ETU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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