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

[2025] FWCA 1125

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

(AG2025/844)

OPSPOWER PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 APRIL 2025

Application for approval of the OpsPower Pty Ltd & ETU Powerline Enterprise 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 OpsPower Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026 (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 2 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court sought approval for the OpsPower Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026, with the union and the employer being the primary parties involved. The nature of the dispute was centred around the terms and conditions of the proposed agreement, which was to govern the employment relationship between the union members and the employer. The court's task was to determine whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved and registered.

The central legal issues that the court had to address were whether the proposed agreement was a "direct substitution" of an existing agreement and if it satisfied the "better off overall test" as required by the Act. Additionally, the court had to ensure that the agreement was made in good faith and that proper procedural requirements had been followed. The court also needed to consider whether the agreement was consistent with the national employment standards and whether it contained appropriate dispute resolution mechanisms.

In reaching its decision, the court examined the provisions of the proposed agreement in detail. It found that the agreement did not constitute a direct substitution of a previous agreement and that it met the better off overall test, as it provided for improved terms and conditions for the employees. The court also concluded that the agreement was made in good faith and that all procedural requirements were met. Furthermore, the agreement was consistent with the national employment standards and included appropriate dispute resolution mechanisms. Consequently, the court approved and registered the OpsPower Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026.

The final orders of the court were that the proposed agreement be approved and registered under the Fair Work Act 2009, effective from the date of the court's decision. The agreement was to govern the employment relationship between the union members and the employer for the period specified. The court's decision was binding on the parties and would have significant implications for the terms and conditions of employment for the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established