EDL Group Operations Pty Ltd

[2025] FWCA 3223

[2025] FWCA 3223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EDL Group Operations Pty Ltd

(AG2025/2832)

EDL GROUP OPERATIONS PTY LTD – AWU AGREEMENT 2025

Electrical power industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 25 SEPTEMBER 2025

Application for approval of the EDL Group Operations Pty Ltd – AWU Agreement 2025

Introduction

1. EDL Group Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the EDL Group Operations Pty Ltd – AWU Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Agreement will apply to employees who are covered by Electrical Power Industry Award 2020 (the Award).

National Employment Standards (NES) precedence term in Clause 4.3 of the Agreement

1. Clause 29.8.5 of the Agreement provides for the payment of annual leave to an employee who ceases employment after six weeks of continuous service. The Commission raised with the Employer that this clause could be inconsistent with s.90(2) of the Act where all accrued annual leave is to be paid on termination in circumstances where the termination occurs before six weeks of service.

1. The Employer provided written submissions that the NES precedence term at clause 4.3 of the Agreement is sufficient to resolve this issue. I note that in accordance with this NES precedence term, clause 29.8.5 will be read and interpreted in conjunction with the NES.

Better off Overall Test (BOOT) Issue

1. The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the relevant Award:

1. Adult Apprentices in year 1 and 2 are paid below Award rates.

1. Clause 20.3.2 of the Agreement provides for Trainees to be paid in accordance with the Award and the national training wage.

1. The Employer provided written submissions that Trainees are entitled to a range of additional benefits under the Agreement which are more beneficial than the Award. Having regard to these submissions, I am satisfied that any trainees covered by the Agreement are better off overall.

Section 190 Undertaking

1. The Employer provided a written undertaking to address the above BOOT issue regarding Adult Apprentices. A copy of the undertaking is attached in Schedule 9 of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

1. The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A