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

[2025] FWC 2267

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

(AG2025/2487)

MILSPEC ENERGY SOLUTIONS PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2025

Application for approval of the Milspec Energy Solutions 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 Milspec Energy Solutions 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 4 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Milspec Energy Solutions Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026. The applicant sought the court's endorsement of the terms and conditions of the proposed agreement, which would govern the employment relationship between the employer and its employees represented by the union. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was in the best interests of the employees it covered, whether it provided fair and reasonable terms and conditions, and whether it complied with specific statutory criteria. The court had to determine if the agreement was free from any unfair provisions and if it contained adequate dispute resolution mechanisms.

The court carefully examined the terms of the agreement, taking into account submissions from both the union and the employer. It considered the fairness and reasonableness of the proposed terms, including wages, hours of work, leave entitlements, and other conditions. The court also evaluated whether the agreement provided for an effective and efficient means of resolving disputes that might arise under it. After its thorough assessment, the court found that the agreement met the statutory requirements and was in the best interests of the employees. The court approved the agreement, endorsing it as a legally binding contract between the employer and the employees.

The final orders of the court were to approve the Milspec Energy Solutions Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the employees of Milspec Energy Solutions Pty Ltd as per the outlined provisions.

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