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

[2025] FWCA 896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

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

(AG2025/350)

CONSOLIDATED POWER PROJECTS AUSTRALIA PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024 - 2028

Electrical power industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 13 MARCH 2025

Application for variation of the Consolidated Power Projects Australia Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) has applied to vary the coverage clause of the Consolidated Power Projects Australia Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028[1] (the Agreement) to clarify transmission work is only covered to the extent it is confined to substations.

The proposed variation seeks to add the word “substations” as follows in order to achieve this.

“1.4   Application
This Agreement applies to:
•   Consolidated Power Projects Australia Pty Ltd (ABN: 18 075 411 219);
•   All Employees who are employed in, or in connection with any calling, trade, craft, non-trade, vocation or profession referred to in the classification structure contained in this Agreement in the transmission substations, line maintenance, distribution, generation and supply of electricity in the State of Queensland.
•   The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia, Electrical, Energy and Services Division (“the ETU)”.” (Emphasis added to inserted word)

The employer covered by the Agreement, Consolidated Power Projects Australia Pty Ltd, supports and agrees with the application made.

On the materials, I find the Agreement to be affected by an obvious error in relation to the inadvertent omission of the word “substations”. There is clear evidence that there was never an intention by any of the parties that the Agreement should ever cover such work and there were no employees in the transmission industry outside of substations who voted on the Agreement.

The Agreement will be varied to correct the errors under section 218A of the Fair Work Act 2009. The variation will give effect to the agreement reached between the parties and is necessary to provide certainty about the coverage of the Agreement.

The variation will operate retrospectively from the date the Agreement commenced operation, being 24 January 2025. A consolidated version of the Agreement as varied is attached to this Decision.

DEPUTY PRESIDENT

[1] AE527659; [2025] FWCA 198.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) sought to vary the Consolidated Power Projects Australia Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028 (the Agreement). The applicant sought to vary the Agreement to provide for a mechanism for the resolution of disputes between employees and employers over claims for overtime and shift penalty rates. The application was heard by the Fair Work Commission.

The applicant argued that the existing dispute resolution mechanism in the Agreement was inadequate as it did not provide for a mechanism for the resolution of disputes between employees and employers over claims for overtime and shift penalty rates. The applicant sought to add a clause to the Agreement that would provide for such a mechanism. The respondent argued that the existing dispute resolution mechanism was adequate and that the proposed clause was unnecessary and would result in additional costs and delays in the resolution of disputes.

The Fair Work Commission found that the existing dispute resolution mechanism in the Agreement was inadequate as it did not provide for a mechanism for the resolution of disputes between employees and employers over claims for overtime and shift penalty rates. The Commission found that the proposed clause would provide a fair and efficient mechanism for the resolution of such disputes and would not result in additional costs or delays. The Commission varied the Agreement to include the proposed clause.

The Fair Work Commission varied the Agreement to include a clause providing for a mechanism for the resolution of disputes between employees and employers over claims for overtime and shift penalty rates. The variation came into effect on the date of the decision.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established