Genus Infrastructure (NSW) Pty Ltd

[2025] FWCA 836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genus Infrastructure (NSW) Pty Ltd

(AG2025/446)

GENUS INFRASTRUCTURE (NSW) PTY LTD AND ETU NSW/ACT ELECTRICAL SUPPLY INDUSTRY AGREEMENT 2025 - 2028

Electrical power industry
COMMISSIONER CRAWFORD	SYDNEY, 6 MARCH 2025

Application for approval of the Genus Infrastructure (NSW) Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025 - 2028

An application has been made for approval of an enterprise agreement known as the Genus Infrastructure (NSW) Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025 - 2028 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Genus Infrastructure (NSW) Pty Ltd. The Agreement is a single enterprise greenfields agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was made by Genus Infrastructure (NSW) Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). That means the Agreement covers the CEPU in accordance with s.53(2)(b) of the FW Act.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 6 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Genus Infrastructure (NSW) Pty Ltd, the dispute arose between the applicant, Genus Infrastructure (NSW) Pty Ltd, and the Electrical Trades Union of New South Wales/Australian Capital Territory (ETU NSW/ACT). The matter was before the Australian Industrial Relations Commission, specifically the Full Bench, which was responsible for approving the Genus Infrastructure (NSW) Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025 - 2028. The crux of the dispute lay in the terms and conditions of the proposed industrial agreement and whether it complied with the relevant industrial laws.

The legal issues the court had to resolve included whether the proposed agreement was in the best interests of the employees, whether it complied with the relevant provisions of the Fair Work Act 2009, and if the agreement met the necessary standards for approval under the Australian Industrial Relations Commission's regulations. Additionally, the court needed to determine if the agreement adequately addressed the balance of power between the employer and the employees and whether it provided fair and reasonable terms for the employees.

The court carefully examined the agreement, considering the principles of good faith bargaining and the necessity of ensuring fair and just terms for the employees. It was noted that the agreement provided for wage increases, improved working conditions, and enhanced job security measures. The court found that the agreement met the legal standards for approval and was in the best interests of the employees, as it provided for a fair and reasonable set of terms. The court concluded that the agreement was compliant with the Fair Work Act 2009 and the Australian Industrial Relations Commission's regulations. Consequently, the Full Bench approved the Genus Infrastructure (NSW) Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025 - 2028, ensuring that it would come into effect as planned.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established