Milspec Energy Solutions Pty Ltd
[2025] FWCA 2470
•25 JULY 2025
| [2025] FWCA 2470 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Milspec Energy Solutions Pty Ltd
(AG2025/2161)
MILSPEC ENERGY SOLUTIONS PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024-2028
| Electrical contracting industry | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 25 JULY 2025 |
Application for approval of the Milspec Energy Solutions Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028
Introduction
Milspec Energy Solutions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Milspec Energy Solutions Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 6 May 2025 and the Agreement was made on 23 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
National Employment Standards (NES) Precedence Term
Clause 6.12 of the Agreement states that the entitlement to annual leave accrues at the end of each year of employment. This is inconsistent with s.87(2) of the Act, where annual leave accrues progressively during a year of service and may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 1.4 of the Agreement, this clause will be read and interpreted in conjunction with the NES.
Section 186, 187 and 188
Having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the ETU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2025. The nominal expiry date of the Agreement is 31 March 2028.
DEPUTY PRESIDENT
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