New Era Electrical Services (NSW) Pty Limited

[2025] FWCA 3201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

New Era Electrical Services (NSW) Pty Limited

(AG2025/3028)

NEW ERA ELECTRICAL SERVICES (NSW) PTY LIMITED & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT -2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 SEPTEMBER 2025

Application for approval of the New Era Electrical Services (NSW) Pty Limited & ETU NSW/ACT Construction Union Agreement -2025

New Era Electrical Services (NSW) Pty Limited has made an application for approval of an enterprise agreement known as the New Era Electrical Services (NSW) Pty Limited & ETU NSW/ACT Construction Union Agreement -2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the employee organisation that will be covered by the Agreement 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. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement was approved on 22 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by New Era Electrical Services (NSW) Pty Limited to approve a new enterprise agreement with the Electrical Trades Union of NSW/ACT Construction Union for a term of five years. The union argued that the proposed agreement contained terms that were not in the best interests of the employees, while the employer contended that the agreement was fair and reasonable and provided for the best possible terms for its employees.

The legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement and whether it contained terms that were in the best interests of the employees. The Commission had to consider the criteria set out in section 231 of the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it contained any provisions that were contrary to public policy or were otherwise invalid.

In making its decision, the Commission considered the evidence and submissions from both parties. It found that the proposed agreement was a genuine enterprise agreement and contained terms that were in the best interests of the employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that there were no provisions that were contrary to public policy or were otherwise invalid. The Commission approved the agreement, which will now be binding on the parties for the next five years.

The Fair Work Commission approved the New Era Electrical Services (NSW) Pty Limited & ETU NSW/ACT Construction Union Agreement -2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established