Klenner Murphy Electrical Pty Ltd

[2025] FWCA 2309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Klenner Murphy Electrical Pty Ltd

(AG2025/1765)

KLENNER MURPHY ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 11 JULY 2025

Application for approval of the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

Klenner Murphy Electrical Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

Terms of the Agreement

The Agreement contains a delegates’ rights term that is different to the commensurate term of the Electrical, Electronic and Communications Contracting Award 2020. Having regard to clause 2.2 of the Agreement I consider that the delegates’ rights term meets the requirements of section 205A of the Fair Work Act.

The National Employment Standards

Noting clause 1.7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

Conclusion

In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the CEPU.
The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT

[1] Form F18.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Klenner Murphy Electrical Pty Ltd, sought approval for an enterprise agreement with the Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issues revolved around whether the proposed agreement complied with the statutory requirements for enterprise agreements, including provisions for minimum wages, conditions, and the process for reaching the agreement. The Commission had to assess the fairness and efficiency of the agreement, considering both the parties' submissions and the broader implications for the workforce.

The Commission examined the fairness of the agreement, focusing on its compliance with the procedural fairness requirements. It considered whether the agreement was made in good faith and whether the process adhered to the necessary legal standards. The Commission also assessed the substantive fairness of the agreement by evaluating the terms and conditions proposed, including wages, working conditions, and dispute resolution mechanisms. The applicant argued that the agreement was fair and balanced, while the respondent contended that it did not adequately protect the workforce's interests. After reviewing the evidence and submissions, the Commission concluded that the agreement met the necessary criteria for approval.

Having considered the submissions and evidence, the Fair Work Commission approved the enterprise agreement. The Commission found that the agreement was made in good faith, followed the required legal process, and provided fair and reasonable terms for the employees. The Commission noted that the agreement included provisions that met or exceeded the minimum wage and conditions set by the Fair Work Act 2009. The Commission also found that the agreement's provisions for dispute resolution were adequate and that the overall terms were fair and efficient. Therefore, the Commission approved the agreement, allowing it to come into effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established