Electrical Contracting Partners Pty Ltd

[2025] FWCA 1522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electrical Contracting Partners Pty Ltd

(AG2025/1040)

ECP EMPLOYEE AGREEMENT 2025-2029

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 7 MAY 2025

Application for approval of the ECP Employee Agreement 2025-2029

Electrical Contracting Partners Pty Ltd has applied for approval of an enterprise agreement known as the ECP Employee Agreement 2025-2029 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
On reading through the material originally provided by ECP, I had some concerns as to whether the employees who voted for the Agreement were sufficiently representative of the employees the Agreement is expressed to cover, within the meaning of section 188(2) of the Act. I requested ECP to make submissions on that question. I received comprehensive written submissions in reply. Those submissions allayed my concerns.
Having regard to the material filed by ECP in support of the application, including the accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 14 May 2025. The nominal expiry date of the Agreement is 7 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrical Contracting Partners Pty Ltd sought approval from the Fair Work Commission for the ECP Employee Agreement 2025-2029, which had been negotiated with the Electrical Trades Union. The application was made under section 231 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered agreement. The Commission was required to consider whether the agreement met the criteria for registration, including whether it provided for the fair and efficient determination of terms and conditions of employment.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it complied with the requirements of the Fair Work Act, and whether it provided for the fair and efficient determination of terms and conditions of employment. The Commission considered the evidence presented by both parties, including the bargaining history and the content of the agreement. The Commission also considered the principles of good faith bargaining and the need for a fair and efficient agreement that met the needs of both employers and employees.

After considering the evidence and arguments presented, the Commission determined that the agreement was genuinely negotiated and met the criteria for registration. The Commission found that the agreement provided for the fair and efficient determination of terms and conditions of employment, and that it complied with the requirements of the Fair Work Act. The Commission approved the ECP Employee Agreement 2025-2029 as a registered agreement, effective from 1 January 2025. The decision provides guidance on the requirements for a valid enterprise agreement and the role of the Fair Work Commission in approving such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established