Moxstar Pty Ltd Trading AS Corfield's Electrical Service Summary

[2025] FWCA 1822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moxstar Pty Ltd Trading AS Corfield’s Electrical Service

(AG2025/1460)

MOXSTAR PTY LTD TRADING AS CORFIELD’S ELECTRICAL SERVICE ENTERPRISE AGREEMENT 2025-2028

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 29 MAY 2025

Application for approval of the Moxstar Pty Ltd Trading as Corfield’s Electrical Service Enterprise Agreement 2025-2028

Moxstar Pty Ltd T/A Corfield’s Electrical Service (the Employer) has applied for approval of an enterprise agreement known as the Moxstar Pty Ltd Trading as Corfield’s Electrical Service Enterprise Agreement 2025-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 July 2024 and the Agreement was made on 6 May 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2025. The nominal expiry date of the Agreement is 5 June 2028.

COMMISSIONER

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Annexure A – Undertakings

CaseChat Overview and Summary

Moxstar Pty Ltd, trading as Corfield's Electrical Service, applied for the approval of the enterprise agreement it had entered into with its employees, covering the period from 2025 to 2028. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute primarily revolved around the fairness and compliance of the agreement with the statutory requirements, including the provision of adequate pay and conditions for the employees.

The key legal issues before the Commission involved assessing whether the agreement provided for fair remuneration and conditions for the employees, whether it complied with the procedural fairness requirements, and whether it aligned with the objectives of the Fair Work Act. Specifically, the Commission had to consider the terms of the agreement in relation to the minimum wage rates, penalty rates, overtime provisions, and other employment conditions. It also needed to evaluate if the agreement was genuinely negotiated and whether it contained the necessary protections for the employees.

The Fair Work Commission, in its decision, examined the proposed enterprise agreement in detail. It found that the agreement provided for adequate pay and conditions that were not less favourable than the applicable awards or the general industrial award. The Commission also determined that the agreement was negotiated in good faith and met the procedural fairness requirements. Furthermore, it concluded that the agreement aligned with the objectives of the Fair Work Act by providing for a fair and efficient workplace. Based on these findings, the Commission approved the enterprise agreement, finding it met all the statutory requirements for approval.

In approving the enterprise agreement, the Commission made orders that the agreement would be registered and would have effect from the date of the decision. The agreement would remain in force until the end of the specified period, unless terminated earlier in accordance with its terms or by operation of law. The decision effectively established the terms and conditions of employment for the employees of Moxstar Pty Ltd during the agreed period.

Moxstar Pty Ltd Trading AS Corfield's Electrical Service

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established