Finestone Investments Pty Ltd Trading AS Ace Plus

[2025] FWCA 939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Finestone Investments Pty Ltd Trading AS Ace Plus

(AG2025/448)

THE ACE PLUS ELECTRICAL ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER SCHNEIDER	PERTH, 18 MARCH 2025

Application for approval of The Ace Plus Electrical Enterprise Agreement 2025

Finestone Investments Pty Ltd Trading AS Ace Plus (the Applicant) has made an application for the approval of an enterprise agreement known as The Ace Plus Electrical Enterprise Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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 have been met.

Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to section 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to section 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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 March 2025. The nominal expiry date of the Agreement is 18 March 2029.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved Finestone Investments Pty Ltd, trading as Ace Plus, and several unions representing its employees. The applicant sought approval of the Ace Plus Electrical Enterprise Agreement 2025, which sought to set out terms and conditions of employment for the employees of Ace Plus. The unions contested the agreement, arguing it did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was a "new agreement" within the meaning of the Fair Work Act, and therefore eligible for the "green fields" pathway to approval, or whether it constituted a "replacement agreement" that would need to be negotiated in accordance with the existing agreement's "no disadvantage" test. The Commission was required to determine whether the proposed agreement represented a significant change in the terms and conditions of employment, or whether it was a minor modification that could be approved without further negotiation. The unions argued that the proposed agreement was a replacement agreement that needed to be negotiated in accordance with the "no disadvantage" test.

In assessing the application, the Commission considered the degree of change in the terms and conditions of employment, the manner in which the changes were proposed, and the effect of the changes on the employees. The Commission found that the proposed agreement contained a number of significant changes to the terms and conditions of employment, including changes to pay rates, leave entitlements, and dispute resolution processes. The Commission concluded that the proposed agreement constituted a replacement agreement, and was therefore subject to the "no disadvantage" test. The Commission was satisfied that the applicant had demonstrated that the proposed agreement would not result in a disadvantage to the employees, and approved the application for approval of the Ace Plus Electrical Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established