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

[2025] FWCA 567

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

(AG2025/225)

PGSR PTY LTD & ETU POWERLINE GREENFIELDS AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the PGSR Pty Ltd & ETU Powerline Greenfields Agreement 2023-2026

An application has been made for approval of a greenfields agreement known as the PGSR Pty Ltd & ETU Powerline Greenfields Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 19 February 2025. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for the approval of the PGSR Pty Ltd & ETU Powerline Greenfields Agreement 2023-2026 (the Agreement). The Applicant sought to have the Agreement approved as a registered agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission (the Commission).

The primary legal issue before the Commission was whether the Agreement complied with the requirements of the Fair Work Act, specifically whether it contained all the prescribed terms and conditions and whether it was consistent with the principles of the Act, including the protection of employee rights and interests. The Applicant argued that the Agreement was fair and reasonable and in the interests of the employees. The Commission was required to determine if the Agreement met the statutory criteria for approval.

The Commission found that the Agreement contained all the prescribed terms and conditions and was consistent with the principles of the Fair Work Act. The Commission considered the nature of the Agreement, the bargaining positions of the parties, and the terms and conditions contained within it. The Commission determined that the Agreement was fair and reasonable, and in the interests of the employees. The Commission approved the Agreement as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the PGSR Pty Ltd & ETU Powerline Greenfields Agreement 2023-2026 as a registered agreement under the Fair Work Act 2009. The Commission's decision was based on the finding that the Agreement contained all the prescribed terms and conditions and was consistent with the principles of the Act. The approval of the Agreement provides certainty and stability for both the parties and the employees covered by the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established