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

[2025] FWCA 1436

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

(AG2025/1193)

EASTRIDGE GROUP PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 MAY 2025

Application for approval of the Eastridge Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2025

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 Eastridge Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2025 (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 1 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought approval for the Eastridge Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2025. This case arose from a need for the Fair Work Commission to assess whether the proposed industrial agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary parties involved were the union and the employer, with the Fair Work Commission acting as the tribunal to adjudicate the matter.

The legal issues central to this case involved determining whether the proposed agreement was genuinely a good faith bargain between the parties, whether it provided adequate protections for employees, and if it met the requirements for approval under the Fair Work Act. The union argued that the agreement was a fair and reasonable representation of the parties' negotiations, while concerns were raised about specific provisions that could potentially disadvantage employees.

The Fair Work Commission examined the agreement in detail, considering various factors including the bargaining power of the parties, the fairness of the terms and conditions, and compliance with any relevant industrial instruments. The Commission found that the agreement was a genuine product of good faith negotiations and provided fair and reasonable terms for employees, with no significant detriment to their rights. Consequently, the Commission approved the agreement, recognising it as a fair and reasonable industrial instrument.

In summary, the Fair Work Commission approved the Eastridge Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2025, affirming its compliance with the legal standards required under the Fair Work Act. This decision underscores the importance of genuine good faith bargaining and the need for industrial agreements to protect employees' rights while remaining fair to employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established