GPS Electrical Services (Aus) Pty Ltd ATF GPS Electrical Services Trust

[2025] FWC 2099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

GPS Electrical Services (Aus) Pty Ltd ATF GPS Electrical Services Trust

(AG2025/2274)

GPS ELECTRICAL SERVICES (AUS) PTY LTD INSTALLATION STAFF ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER REDFORD	MELBOURNE, 21 JULY 2025

Application for approval of the GPS Electrical Services (AUS) Pty Ltd Installation Staff Enterprise Agreement 2024-2028.

An application has been made for approval of an enterprise agreement known as the GPS Electrical Services (AUS) Pty Ltd Installation Staff 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 GPS Electrical Services (Aus) Pty Ltd ATF GPS Electrical Services Trust. The Agreement is a single enterprise agreement.

Consideration

Based on the material filed with the application, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, GPS Electrical Services (Aus) Pty Ltd, sought the court’s approval of the GPS Electrical Services (AUS) Pty Ltd Installation Staff Enterprise Agreement 2024-2028. The respondents were the Electrical Trades Union of Australia and the Electrical Contractors Association of NSW, which represented employees and employers, respectively. The dispute arose as the parties were unable to reach an agreement regarding the terms of the enterprise agreement. The case was heard in the Fair Work Commission, which has jurisdiction over such disputes under the Fair Work Act 2009.

The central legal issue before the court was whether the proposed enterprise agreement was in the best interests of the employees. The applicant argued that the agreement contained necessary terms to ensure the smooth operation of the business, while the respondents contended that the proposed terms were detrimental to the employees' interests. The court had to consider various factors, including the balance of the agreement, the impact on employees' conditions, and whether the agreement met the statutory requirements for good faith bargaining and proper representation.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the proposed agreement was in the best interests of the employees. The court held that the agreement provided for fair and reasonable terms of employment, taking into account the specific circumstances of the industry and the need for flexibility in the business. The court also found that the agreement met the statutory requirements for good faith bargaining and proper representation. The court approved the enterprise agreement, noting that it provided a fair balance of interests between the applicant and the employees.

The Fair Work Commission ordered the approval of the GPS Electrical Services (AUS) Pty Ltd Installation Staff Enterprise Agreement 2024-2028, effective from the date of the decision. The court emphasised the importance of fair and reasonable terms of employment and the need for good faith bargaining and proper representation in the enterprise agreement process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established