Electranet Pty Limited Trading AS Electranet

[2025] FWCA 3393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electranet Pty Limited Trading AS Electranet

(AG2025/3328)

ELECTRANET ENTERPRISE AGREEMENT 2025

Electrical power industry
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 9 OCTOBER 2025

Application for approval of the ElectraNet Enterprise Agreement 2025

Introduction

ElectraNet Pty Limited T/A ElectraNet (the Employer) has made an application for approval of a single-enterprise agreement known as the ElectraNet Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

National Employment Standards (NES) Issues

I note that some provisions of the Agreement (being clause 7.6.2 (Parental Leave) and  7.2.1 (Personal/Carer’s Leave and Compassionate Leave) may be inconsistent with the National Employment Standards (NES). However, clause 1.2 of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Section 186, 187, 188

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

Section 183 Bargaining Representatives

The Australian Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Municipal, Administrative, Clerical and Services Union (ASU).

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers The Association of Professional Engineers, Scientists and Managers, Australia (APESMA).

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electranet Pty Limited, trading as Electranet, applied for approval of the ElectraNet Enterprise Agreement 2025, which governs the employment conditions of certain employees. The application was brought before the Fair Work Commission, which is responsible for handling employment disputes and ensuring compliance with the Fair Work Act 2009. The employees, represented by a union, contested the application, arguing that the agreement did not adequately address several key issues, including wage progression, job security, and redundancy provisions.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly sections concerning the minimum standards that must be included in an enterprise agreement. The Commission had to consider whether the agreement provided for minimum rates of pay, entitlements, and other conditions that were not less favourable than the applicable awards or registered agreements. Additionally, the Commission examined whether the agreement included appropriate dispute resolution mechanisms and whether it complied with the good faith bargaining provisions of the Act.

The Commission found that the agreement did provide for minimum rates of pay and entitlements that met or exceeded the applicable awards. It also determined that the agreement included adequate dispute resolution mechanisms and that the bargaining process was conducted in good faith. While the union argued that certain provisions could be improved, the Commission concluded that the overall agreement was fair and reasonable, meeting the statutory requirements. Consequently, the Commission approved the agreement, emphasising the importance of a balanced approach that considers both the needs of the employees and the operational requirements of the employer.

The Fair Work Commission approved the ElectraNet Enterprise Agreement 2025, effective from the date of the decision. This outcome ensures that the agreement will govern the employment conditions of the relevant employees, subject to the terms and conditions set out in the approved agreement. The decision underscores the importance of reaching agreements that are fair and reasonable, taking into account the statutory minimum standards and the need for effective dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established