Elecnor Australia Pty Ltd

[2025] FWCA 2776

[2025] FWCA 2776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Elecnor Australia Pty Ltd

(AG2025/2605)

ELECNOR POWERLINE ENTERPRISE AGREEMENT 2025

Electrical power industry
COMMISSIONER MIRABELLA	MELBOURNE, 20 AUGUST 2025

Application for approval of the Elecnor Powerline Enterprise Agreement 2025

1. An application has been made for the approval of an enterprise agreement known as the Elecnor Powerline Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Elecnor Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. A copy of the model consultation term can be found in Appendix P of the Agreement.

1. I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 25.15 – Compassionate Leave
• Clause 27(k) – Termination of Employment

The Agreement contains a NES precedence clause in clause 6. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2025. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530126  PR790872>