New Edge Group Electrical (Qld) Pty Ltd

[2025] FWCA 1227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

New Edge Group Electrical (Qld) Pty Ltd

(AG2025/891)

NEW EDGE ELECTRICAL SERVICES (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 11 APRIL 2025

Application for approval of the New Edge Group Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of a greenfields agreement known as the New Edge Electrical Services (QLD) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026 (Agreement). The application was made by New Edge Group Electrical (Qld) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act).

On the materials before the Commission, I am satisfied that:

(a) This is a greenfields agreement that meets the requirements of s.172(2)(b) of the FW Act;
(b) In accordance with s.187(5)(a) of the FW Act, 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; and
(c) That it is in the public interest to approve the Agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Applicant’s responses to issues raised.

National Employment Standards

I observe that clauses 3.1.2, 3.5.9, and 6.2.2(b) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 53 Coverage

Pursuant to s.53(2)(b) of the FW Act I note the Agreement was made with the CEPU and that the Agreement covers the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 18 April 2025. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, New Edge Group Electrical (Qld) Pty Ltd applied for the approval of the New Edge Group Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026. The agreement in question pertains to the terms and conditions of employment for employees within the electrical division of the company. The dispute centred around whether the terms of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for minimum entitlements as stipulated by the Act, whether it was made in good faith and if it facilitated a productive workplace relationship. Additionally, the Commission examined if the agreement's terms were fair and reasonable, and if the necessary consultation processes had been followed before the agreement was finalised.

The Commission deliberated on the evidence presented regarding the consultation process, which included meetings and discussions between the employer and the CEPU. It assessed the terms of the agreement against the statutory benchmarks for minimum entitlements, good faith bargaining, and workplace relations. The Commission found that the agreement satisfied these criteria, providing for the minimum entitlements, facilitating a productive workplace relationship, and meeting the standards of good faith and fairness. The Commission also noted the evidence of adequate consultation, leading to the conclusion that the agreement was appropriately negotiated.

The Commission approved the New Edge Group Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026, effective from the date of the decision. This approval means the terms of the agreement are now legally binding on the parties and will govern the employment conditions for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established