HV Co. Pty Ltd

[2025] FWCA 2382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HV Co. Pty Ltd

(AG2025/2220)

HV CO. PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JULY 2025

Application for approval of the HV Co. Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

HV Co. Pty Ltd has made an application for approval of an enterprise agreement known as the HV Co. Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 18 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by HV Co. Pty Ltd for approval of the HV Co. Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The dispute centred around the terms of the proposed enterprise agreement, which was to govern the employment conditions of the unionised workforce of HV Co. Pty Ltd for the specified period. The matter was heard by the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements.

The legal issues that the Fair Work Commission had to decide included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including the provision of procedural fairness to the employees, and whether the terms of the agreement were in the best interests of the employees. The Commission also needed to determine whether the agreement contained any terms that were contrary to public policy or contrary to the provisions of the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement did comply with the statutory requirements and that procedural fairness had been observed in the negotiation process. The Commission noted that the agreement contained terms that were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees.

The final orders of the Fair Work Commission were that the HV Co. Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms of the agreement will govern the employment conditions of the unionised workforce of HV Co. Pty Ltd for the next three years, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established