Control & Electric Pty Ltd Summary

[2025] FWCA 2311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Control & Electric Pty Ltd

(AG2025/1926)

CONTROL & ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 11 JULY 2025

Application for approval of the Control & Electric Pty Ltd Single Enterprise Agreement 2025

Control & Electric Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Control & Electric Pty Ltd Single Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 18 July 2025. The nominal expiry date of the Agreement is 11 July 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Control & Electric Pty Ltd Single Enterprise Agreement 2025. The applicant, Control & Electric Pty Ltd, sought approval of the agreement which had been negotiated with the Electrical Trades Union of Australia. The dispute involved the terms and conditions of employment for employees within the organisation, and the specific provisions of the proposed agreement that were subject to contention.

The legal issues before the Commission were centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. These included whether the agreement had been made in good faith, whether it provided for minimum terms and conditions, and whether it met the procedural requirements for certification. Additionally, the Commission needed to consider whether the provisions of the agreement were consistent with the relevant national employment standards.

The Commission found that the agreement had been made in good faith and that it provided for minimum terms and conditions. The Commission also determined that the procedural requirements for certification had been met, including the provision of relevant documents and the opportunity for employees to be represented by a union official. After reviewing the provisions of the agreement, the Commission found that they were consistent with the relevant national employment standards and did not include any terms that were contrary to public policy. As a result, the Commission approved the Control & Electric Pty Ltd Single Enterprise Agreement 2025.

Control & Electric Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established