EC Operations Pty Ltd as trustee for the EC Operations Unit Trust Summary

[2025] FWCA 2840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EC Operations Pty Ltd as trustee for the EC Operations Unit Trust

(AG2025/2718)

EC OPERATIONS PTY. LTD. SINGLE ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER CRAWFORD	SYDNEY, 25 AUGUST 2025

Application for approval of the EC Operations Pty. Ltd. Single Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the EC Operations Pty. Ltd. Single Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by EC Operations Pty Ltd as trustee for the EC Operations Unit Trust. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

The Agreement does not contain a delegates’ rights term as required by s.205A of the FW Act. As a result, the workplace delegates’ rights term appearing in clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

Noting clause 3.5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 25 August 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, EC Operations Pty Ltd as trustee for the EC Operations Unit Trust, applied to the Fair Work Commission for approval of a Single Enterprise Agreement. The dispute involved the terms and conditions of employment for the workforce represented by the applicant. The Fair Work Commission, presided over by Deputy President K Ryan, was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the various statutory provisions outlined in the Fair Work Act, particularly focusing on the mandatory provisions that must be included in an enterprise agreement. The applicant argued that the agreement was fair and reasonable, meeting all legislative requirements. The Commission had to assess the fairness and reasonableness of the agreement, considering factors such as the bargaining positions of the parties, the nature of the enterprise, and the implications of the agreement for the workforce.

The Commission determined that the agreement contained all necessary mandatory provisions and was fair and reasonable. The applicant demonstrated that it had genuinely negotiated the agreement with the relevant union, ensuring that the terms were not adversely affected by any existing industrial instruments. The Commission was satisfied that the agreement met all statutory requirements and was in the best interests of the workforce. Consequently, the application for approval was successful.

The Fair Work Commission approved the Single Enterprise Agreement for EC Operations Pty Ltd as trustee for the EC Operations Unit Trust. The agreement, which will govern the employment conditions of the workforce until 2025, was found to be fair and reasonable, meeting all legislative requirements. The Commission's decision was based on the applicant's demonstration of genuine negotiation and the inclusion of all mandatory provisions.

EC Operations Pty Ltd as trustee for the EC Operations Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established