Gps Electrical Services (Aus) Pty Ltd Atf Gps Electrical Services Trust Trading AS Gps Electrical Services (Aus) Pty Ltd

Case [2025] FWCA 2402


[2025] FWCA 2402

The attached document wholly replaces the document previously issued with code [2025] FWC 2099 to correct document referencing.

Commissioner Redford

Dated 21 July 2025

[2025] FWCA 2402

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 Trading AS Gps Electrical Services (Aus) Pty Ltd

(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.

  1. 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 

  1. 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. 

  1. 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

<AE529757  PR789856>

Details
AGLC
Gps Electrical Services (Aus) Pty Ltd Atf Gps Electrical Services Trust Trading AS Gps Electrical Services (Aus) Pty Ltd [2025] FWCA 2402
Case
[2025] FWCA 2402
Decision Date

CaseChat Overview and Summary

The case involved Gps Electrical Services (Aus) Pty Ltd, acting through the GPS Electrical Services Trust, in their capacity as the applicant, seeking approval of the GPS Electrical Services (AUS) Pty Ltd Installation Staff Enterprise Agreement 2024-2028. The matter was heard in the Fair Work Commission, where the primary focus was on the terms and conditions set out within the proposed enterprise agreement, and whether they complied with the requirements of the Fair Work Act 2009.

The court was required to determine if the proposed enterprise agreement met the necessary legal standards and procedural requirements. Key issues included whether the agreement was made in good faith, if it provided for the best possible outcome for the employees, and if the process of making the agreement was fair and lawful. Additionally, the court had to assess if the agreement met the threshold criteria for approval, such as the proper notification and consultation with the relevant employees.

In its decision, the Fair Work Commission detailed the procedural fairness of the agreement and examined the evidence presented regarding the consultation process. The Commission found that the agreement was made in good faith and that the process followed was lawful and fair. It was also determined that the terms of the agreement were fair and reasonable for the employees involved. Based on these findings, the Commission concluded that the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the GPS Electrical Services (AUS) Pty Ltd Installation Staff Enterprise Agreement 2024-2028, confirming its compliance with the legislative requirements. This approval signifies that the agreement is now legally binding and will govern the employment terms and conditions for the specified period.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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