ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management

[2025] FWCA 165

[2025] FWCA 165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management

(AG2024/4766)

ETS INFRASTRUCTURE MANAGEMENT PTY LTD T/AS ETS VEGETATION MANAGEMENT ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 16 JANUARY 2025

Application for approval of the ETS Infrastructure Management Pty Ltd T/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2024-2028

1. An application has been made for approval of an enterprise agreement known as the ETS Infrastructure Management Pty Ltd T/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2024-2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. I note the undertakings were provided in relation to the following:

• Workplace delegates’ rights

• Personal leave

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

·   Clause 6.7 – personal leave (evidence)

·   Clause 6.7 – personal leave (notification)

1. However, noting the undertakings provided and clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527627  PR783369>