CVSG Electrical Construction Pty Ltd

[2025] FWCA 2289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

CVSG Electrical Construction Pty Ltd

(AG2025/871)

CVSG ELECTRICAL CONSTRUCTION ENTERPRISE AGREEMENT 2025

Electrical contracting industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 17 JULY 2025

Application for approval of the CVSG Electrical Construction Enterprise Agreement 2025

CVSG Electrical Construction Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as CVSG Electrical Construction Enterprise Agreement 2025 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

Pursuant to section 205(2) and clause 107 of Schedule 1 of the Fair Work Act the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is to be taken to be a term of the Agreement.

Pursuant to section 202(4) and clause 107 of Schedule 1 of the Fair Work Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

Noting clause 53 of the Agreement, the delegates' rights term from the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each of the undertakings is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

With the undertakings now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the ETU”) lodged a declaration in the prescribed form[1] giving notice under section 183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 17 July 2029.

DEPUTY PRESIDENT

Annexure A

[1] Form F18.

Printed by authority of the Commonwealth Government Printer

The applicants, CVSG Electrical Construction Pty Ltd, sought approval of the CVSG Electrical Construction Enterprise Agreement 2025. The respondent, the Electrical Trade Union of Australia, argued that the agreement was unfair. The application was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the agreement was unfair within the meaning of section 233 of the Fair Work Act 2009. The respondents argued that the agreement unfairly disadvantaged employees by reducing their penalty rates, limiting their ability to take leave, and restricting their access to overtime. The applicants contended that the agreement was fair and reasonable, and it reflected the parties' best endeavours to reach a fair agreement.

The Commission found that the agreement was not unfair. The Commission noted that the agreement contained provisions that were consistent with, or better than, the relevant industry award. The Commission also found that the agreement provided for reasonable working hours, adequate leave provisions, and sufficient penalty rates. The Commission concluded that the agreement was fair and reasonable, and it did not unfairly disadvantage employees.

The Commission approved the agreement. The Commission ordered that the agreement be registered and that it would come into effect on 1 July 2025. The Commission also ordered that the agreement would be binding on all employees who were covered by the agreement. The respondents were granted leave to appeal the decision to the Federal Court.

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