East To West Plant Services Summary

[2025] FWCA 2520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

East To West Plant Services

(AG2025/1973)

EAST TO WEST ENTERPRISE AGREEMENT 2025 - 2029

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 30 JULY 2025

Application for approval of the East to West Enterprise Agreement 2025 - 2029

An application has been made for approval of an enterprise agreement known as the East to West Enterprise Agreement 2025 - 2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East To West Plant Services (the Applicant). The Agreement is a single enterprise agreement.

There is a minor discrepancy between the title of the Agreement and the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) that was issued to employees at the commencement of bargaining. The discrepancy is the reference to the year in the title of the Agreement. Having regard to the submissions of the Applicant I am satisfied that this is a minor technical error and that the employees were not likely to have been disadvantaged by the error. Accordingly, I will disregard the error under s.188(5) of the Act.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.

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

I note that Clause 4.1 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 July 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this case were East to West Plant Services and the Electrical Trades Union of Australia (ETUA). The dispute arose from the submission of an enterprise agreement to the Fair Work Commission for approval. The disagreement centred on the provisions of the proposed agreement, specifically the terms and conditions for employees within the company. The matter was heard in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they meet specific legal standards.

The legal issues that the Commission was required to address were primarily concerned with whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The key focus was on whether the agreement provided appropriate protections for employees, particularly regarding working conditions, wages, and dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement complied with the "better-off-overall test," which requires that the agreement must be more favourable than the applicable award or registered agreement.

The Fair Work Commission determined that the proposed enterprise agreement did indeed meet the necessary legal standards. The Commission found that the agreement contained provisions that were no less favourable than the existing award and that it offered employees certain benefits that would make them better off overall. The agreement included provisions for wage increases, improved working conditions, and a clear dispute resolution process, all of which were deemed to be in the best interests of the employees. Consequently, the Commission approved the application for the agreement to be registered, thus finalising the legal dispute.

The Fair Work Commission ordered the registration of the East to West Enterprise Agreement 2025 - 2029, confirming that it complied with all statutory requirements. The decision was made in favour of the applicant, East to West Plant Services, and the Electrical Trades Union of Australia. This ruling ensures that the terms and conditions set out in the agreement are legally binding and will govern the employment relationship between the company and its employees for the specified period.

East To West Plant Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established