EnerMech Pty Limited Summary

[2025] FWCA 2928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EnerMech Pty Limited

(AG2025/2854)

ENERMECH PTY LTD ELECTRICAL AND INSTRUMENT AGREEMENT LYTTON REFINERY 2025-2028

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 1 SEPTEMBER 2025

Application for approval of the EnerMech Pty Ltd Electrical and Instrument Agreement Lytton Refinery 2025-2028

EnerMech Pty Limited has applied for approval of a single enterprise agreement known as the EnerMech Pty Ltd Electrical and Instrument Agreement Lytton Refinery 2025-2028 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 8 September 2025. The nominal expiry date of the Agreement is 1 September 2028.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EnerMech Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement with its employees, the Electrical and Instrument Agreement Lytton Refinery 2025-2028. The applicant, EnerMech, is a company involved in the electrical and instrumentation industry. The agreement in question is a proposed enterprise agreement between EnerMech and its employees at the Lytton Refinery, set to run from 2025 to 2028. The application was made under the Fair Work Act 2009, seeking the Commission’s approval of the proposed agreement.

The legal issues before the Commission were primarily centred around the compliance of the proposed agreement with the Fair Work Act. Key considerations included whether the agreement met the requirements for good faith bargaining, whether it provided for the proper operation of the enterprise, and whether it included all necessary provisions for employee protections and rights. The Commission also needed to determine if the agreement was fair and reasonable in the context of the specific industry and workplace dynamics.

The Commission, after considering the evidence and submissions from both parties, found that the proposed agreement was compliant with the requirements of the Fair Work Act. The agreement demonstrated a process of good faith bargaining, was deemed fair and reasonable, and included appropriate provisions for employee protections and rights. The Commission concluded that the agreement would facilitate the proper operation of the enterprise while providing a fair outcome for all parties involved. The Commission approved the Electrical and Instrument Agreement Lytton Refinery 2025-2028, effective from the date of the decision.

EnerMech Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established