North Point Power and Data Pty Ltd

[2025] FWCA 2079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

North Point Power and Data Pty Ltd

(AG2025/1944)

NORTH POINT POWER & DATA PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2025

Application for approval of the North Point Power & Data Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

North Point Power and Data Pty Ltd has made an application for approval of an enterprise agreement known as the North Point Power & Data Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 25 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

North Point Power and Data Pty Ltd, along with CEPU Electrical Division, sought approval for their enterprise agreement from 2023 to 2026. The application was brought before the Fair Work Commission (FWC) to determine if the agreement met the necessary legal standards for approval. The core of the dispute revolved around whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it addressed the employees' rights and obligations adequately.

The key legal issues that the FWC had to decide were whether the agreement provided for minimum terms and conditions as required by the Fair Work Act, and whether the agreement was made in good faith and without coercion. Additionally, the FWC needed to assess if the agreement facilitated the efficient operation of the enterprise by providing for flexibility and productivity. The FWC also considered if the agreement appropriately balanced the interests of the employer and the employees.

The FWC found that the agreement met all the statutory requirements and was made in good faith. It concluded that the agreement provided for the minimum terms and conditions set out in the Fair Work Act and facilitated the efficient operation of the enterprise. The FWC further determined that the agreement balanced the interests of both parties and did not result in any undue detriment to the employees. The application was subsequently approved, allowing the enterprise agreement to come into effect from the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established