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

[2025] FWCA 2383

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

(AG2025/2225)

GENUS INFRASTRUCTURE (VIC) PTY LTD & ETU TRANSMISSION CONSTRUCTION GREENFIELDS AGREEMENT 2023-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JULY 2025

Application for approval of the Genus Infrastructure (VIC) Pty Ltd & ETU Transmission Construction Greenfields Agreement 2023-2026

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 Genus Infrastructure (VIC) Pty Ltd & ETU Transmission Construction Greenfields Agreement 2023-2026 (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 CEPU 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.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 18 July 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 (the applicant) sought approval for the Genus Infrastructure (VIC) Pty Ltd & ETU Transmission Construction Greenfields Agreement 2023-2026 (the agreement). The applicant argued that the agreement contained terms and conditions of employment for its members that were fair and reasonable. The application was heard by the Fair Work Commission (the Commission).

The Commission was required to determine whether the terms and conditions of employment contained in the agreement were fair and reasonable, and whether the agreement was in the best interests of the employees. The Commission also needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Commission found that the agreement contained terms and conditions of employment that were fair and reasonable. The Commission considered that the agreement provided for appropriate levels of consultation, provided for the protection of employees' rights and entitlements, and provided for the resolution of disputes. The Commission also found that the agreement was in the best interests of the employees and that it complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement.

The Commission ordered that the Genus Infrastructure (VIC) Pty Ltd & ETU Transmission Construction Greenfields Agreement 2023-2026 be approved as a registered agreement under the Fair Work Act. The order also provided that the agreement would commence on the date of the order and would remain in effect until 30 June 2026, unless earlier terminated in accordance with the agreement.

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

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established