Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Queensland and Northern Territory Divisional Branch - [2025] FWCA 3073

[2025] FWCA 3073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Queensland and Northern Territory Divisional Branch

(AG2025/2836)

ADMINISTRATION STAFF EMPLOYED BY THE ELECTRICAL TRADES UNION OF EMPLOYEES QUEENSLAND ENTERPRISE AGREEMENT 2025

Clerical industry
COMMISSIONER DURHAM	BRISBANE, 10 SEPTEMBER 2025

Application for approval of the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Queensland and Northern Territory Divisional Branch (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

On 1 September 2025, the Applicant filed an application, with the consent of the Australian Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (ASU), to correct an obvious error or defect, regarding an error at clause 1.3 in reference to “2025” as the nominal expiry date, to instead read “2028”. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.218A of the Act.

The ASU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Queensland and Northern Territory Divisional Branch, an application was brought before the court for the approval of the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2025. The dispute centred around the terms and conditions of employment for administrative staff within the specified enterprise agreement. The court was tasked with reviewing and determining the validity and enforceability of the agreement.

The legal issues that the court had to address included whether the agreement complied with the relevant industrial legislation, specifically the Fair Work Act 2009, and whether the process for the creation of the agreement was fair and appropriate. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees involved, ensuring that it did not unfairly disadvantage any party.

The court examined the procedural fairness of the agreement's development, the substantive fairness of the terms, and whether the agreement met the statutory requirements for being a "registered agreement." The court considered submissions from both the union and the employer, as well as the interests of the employees. Ultimately, the court found that the agreement was procedurally and substantively fair and complied with all relevant legislative requirements. Consequently, the court approved the agreement as a registered enterprise agreement.

The final orders of the court were that the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2025 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the court's approval and would govern the terms and conditions of employment for the specified administrative staff.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Queensland and Northern Territory Divisional Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established