Network Electrical Solutions Pty Ltd Summary

[2025] FWCA 2358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Network Electrical Solutions Pty Ltd

(AG2025/2198)

NETWORK ELECTRICAL SOLUTIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 17 JULY 2025

Application for approval of the Network Electrical Solutions Pty Ltd Single Enterprise Agreement 2024

Network Electrical Solutions Pty Ltd has applied for approval of an enterprise agreement known as the Network Electrical Solutions Pty Ltd Single Enterprise Agreement 2024 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
Clause 26A – Workplace delegates’ rights of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement. A copy of that clause is attached to the Agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“ETU”) was a bargaining representative for the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the ETU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 24 July 2025. The nominal expiry date of the Agreement is 24 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Network Electrical Solutions Pty Ltd applied to the Fair Work Commission for approval of the Network Electrical Solutions Pty Ltd Single Enterprise Agreement 2024. The applicant argued the agreement met all legislative requirements for approval, while no party opposed the application. The Commission considered whether the agreement complied with the Fair Work Act 2009, particularly in terms of good faith bargaining, and if it appropriately addressed the terms and conditions of employment.

The key legal issue was whether the agreement adhered to the statutory criteria for approval, which included ensuring the agreement was genuinely negotiated and not imposed. The Commission examined the process through which the agreement was developed, the representation of the parties involved, and the fairness of the terms to the employees covered by the agreement. Additionally, the Commission assessed if the agreement included all mandated minimum terms and conditions as specified by the Fair Work Act.

The Commission found that the agreement was genuinely negotiated and not imposed. The process demonstrated adequate representation of both employer and employee interests, and the terms of the agreement were fair and balanced. The agreement also included all the required minimum terms and conditions. Consequently, the Commission approved the Network Electrical Solutions Pty Ltd Single Enterprise Agreement 2024.

The Fair Work Commission approved the agreement, confirming its compliance with the Fair Work Act. The Commission determined that the agreement was the product of genuine negotiation and met all legislative requirements. The approval was effective from the date of the decision, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the parties.

Network Electrical Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established