Electro Data And Generation Pty Ltd

[2025] FWCA 963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electro Data And Generation Pty Ltd

(AG2025/591)

ELECTRO DATA AND GENERATION PTY LTD SERVICE WOODVILLE ENTERPRISE AGREEMENT 2025

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 MARCH 2025

Application for approval of the Electro Data and Generation Pty Ltd Service Woodville Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Electro Data and Generation Pty Ltd Service Woodville Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 March 2025. The nominal expiry date of the Agreement is 31 December 2028.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electro Data and Generation Pty Ltd sought approval of a proposed enterprise agreement, the Electro Data and Generation Pty Ltd Service Woodville Enterprise Agreement 2025, under the Fair Work Act 2009. The applicant argued that the agreement contained appropriate terms and conditions for its employees and that it met the requirements for approval under the Act. The application was made to the Fair Work Commission, which has the jurisdiction to approve, reject or vary proposed agreements under the Fair Work Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in the best interests of the employees and met the requirements for approval under the Act. Specifically, the Commission needed to determine whether the agreement contained appropriate terms and conditions for the employees, and whether it was consistent with the principles of the Fair Work Act, including the protection of employees' rights and interests. The Commission also needed to consider whether the agreement was fair and reasonable, and whether it had been negotiated in good faith.

The Fair Work Commission found that the proposed enterprise agreement contained appropriate terms and conditions for the employees and met the requirements for approval under the Act. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions that were consistent with the principles of the Fair Work Act. The Commission also found that the agreement was fair and reasonable, and that it provided appropriate protections for the employees. The Commission was satisfied that the agreement was in the best interests of the employees and approved the Electro Data and Generation Pty Ltd Service Woodville Enterprise Agreement 2025.

The Fair Work Commission approved the Electro Data and Generation Pty Ltd Service Woodville Enterprise Agreement 2025, effective from 1 July 2025. The Commission noted that the agreement contained appropriate terms and conditions for the employees and met the requirements for approval under the Act. The Commission was satisfied that the agreement was in the best interests of the employees and had been negotiated in good faith. The Commission approved the agreement, which will now be binding on the parties and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established