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

[2025] FWCA 2054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

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

(AG2025/1768)

AG APPRENTICESHIPS NSW/ACT CONSTRUCTION UNION AGREEMENT 2025

Electrical contracting industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 26 JUNE 2025

Application for approval of the MAG Apprenticeships NSW/ACT Construction Union Agreement 2025

Introduction

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 MAG Apprenticeships NSW/ACT Construction Union Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act).

The Agreement is a Greenfields Agreement. MAG Apprenticeships NSW/QLD Pty Ltd as The Trustee for QueRecTrades & Labour Hire Unit Trust Trading As MAG Apprenticeships NSW/QLD is the employer covered by the Agreement. The CEPU was a bargaining representative for the Agreement.

The Agreement will apply to employees working in the electrical contracting industry in the Australian Capital Territory and New South Wales who are covered by Electrical, Electronic and Communications Contracting Award 2020.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the Commission and do so pursuant to s.586(a) of the Act.

Certain rates of pay not included in Agreement

There were no rates of pay specified in the Agreement for employees working on the following projects where the Host Employer had an enterprise agreement:

· Minor Regional Projects with a Total construction value of less than $100 million;

· Minor Metropolitan Projects with a Total construction value of less than $50 million;

· ACT projects with a Total construction value of less than $100 million

· ACT projects with a Total construction value of $100 million or greater

Part-time overtime

There was a drafting error in clause 15(ix) of the Agreement in that the reference to ‘clause 19’ in that clause should be to ‘clause 15(vii)’.

Section 190 Undertakings

The Employer provided written undertakings to address the above issues. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, 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. In particular, based on the declaration of Fred Barbin, NSW Branch Assistant Secretary, CEPU, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement and that it is in the public interest to approve the Agreement. I am also satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the electrical contracting industry for equivalent work.

Section 201(2A) Bargaining Representatives

In accordance with s.201(2A), I note that the Agreement covers the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2025. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< AE529439 PR788472>

Annexure A

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the MAG Apprenticeships NSW/ACT Construction Union Agreement 2025 from the Fair Work Commission. The agreement, which was proposed by the union, aimed to establish terms and conditions for apprentices and trainees in the construction industry across New South Wales and the Australian Capital Territory. The union argued that the agreement was necessary to improve the training and working conditions for apprentices in the sector.

The primary legal issue before the commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the need for the agreement to be "better off overall" for the employees it covered. The commission had to consider whether the agreement provided fair and reasonable terms and conditions that would benefit the apprentices, and whether it complied with the relevant provisions of the act. Additionally, the commission needed to ensure that the agreement did not unfairly discriminate against any group of employees and that it was appropriately negotiated.

The commission found that the proposed agreement did meet the statutory requirements under the Fair Work Act 2009. It was determined that the agreement was necessary and appropriate to improve the training and working conditions for apprentices in the construction industry. The commission noted that the agreement provided a structured pathway for apprentices to complete their training and gain relevant skills, which would ultimately benefit both the apprentices and the industry as a whole. Furthermore, the commission was satisfied that the agreement was fairly negotiated and did not unfairly discriminate against any group of employees. Consequently, the commission approved the MAG Apprenticeships NSW/ACT Construction Union Agreement 2025, subject to certain minor modifications to address technical issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established