Elecnor Australia Pty Ltd Summary

[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

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.

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.

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.

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.

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

CaseChat Overview and Summary

The case before the Fair Work Commission involved Elecnor Australia Pty Ltd, who sought approval for the Elecnor Powerline Enterprise Agreement 2025. The dispute centred around the terms and conditions of employment for employees under the proposed agreement, particularly in relation to issues such as wages, hours of work, and other conditions of employment. The Fair Work Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009, including ensuring that it provided for the fair and efficient resolution of workplace issues.

The key legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009, and whether it provided for the fair and efficient resolution of workplace issues. This included an examination of whether the agreement met the procedural requirements, such as the provision of full and accurate information to employees, and whether it provided for the protection of employees' rights and interests. Additionally, the Commission considered whether the agreement provided for the fair and efficient resolution of workplace issues, including the establishment of appropriate mechanisms for the resolution of disputes.

In delivering its decision, the Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act 2009. The Commission found that the agreement provided for the fair and efficient resolution of workplace issues, including the establishment of appropriate mechanisms for the resolution of disputes. The Commission also found that the agreement provided for the protection of employees' rights and interests, including in relation to wages, hours of work, and other conditions of employment. The Commission concluded that the agreement was in the best interests of the employees and approved the agreement for registration.

Elecnor Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established