Northern Power Services Pty Ltd

[2025] FWCA 3468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Power Services Pty Ltd

(AG2025/3430)

NORTHERN POWER SERVICES ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER LIM	PERTH, 20 OCTOBER 2025

Application for approval of the Northern Power Services Enterprise Agreement 2025

Northern Power Services Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Northern Power Services Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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

I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

Compassionate leave: Clause 44 provides for compassionate leave where a member of the Employee’s immediate family or household dies or suffers a life-threatening illness or injury. However, it does not provide for compassionate leave where a child is stillborn or the employee’s spouse or de facto partner has a miscarriage per s 104 of the Act.
Notice of termination for probationary employees: Clause 49.2 of the Agreement is inconsistent with s 123 of the Act where employees on probation aren’t exempted from notice of termination.
Abandonment of employment and notice of termination: Clauses 49.8 and 51.1(b) of the Agreement allow for deductions to be made from any monies owed to the Employee to the value of any required notice period. The source from which monies may be deducted has not been specified, which may result in the deduction of monies from accrued NES entitlements, which is inconsistent with Part 2-2 Division 2 of the Act.
Redundancy: Clause 50.5g of the Agreement states the redundancy provision does not apply where an employee is terminated due to misconduct, performance issues, negligence, abandonment, neglect, refusal of duty or voluntary resignation any time before the notice of redundancy. This is inconsistent with s 123(1) of the Act.

However, I am satisfied that under Clause 8 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 20 October 2025 and, in accordance with s 54, will operate from 27 October 2025. The nominal expiry date of the Agreement is 20 October 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Northern Power Services Pty Ltd, applied for approval of the Northern Power Services Enterprise Agreement 2025. The application was made to the Fair Work Commission (FWC), which has the authority to approve enterprise agreements under the Fair Work Act 2009 (Cth). The agreement was entered into between the applicant and various employees, represented by the Electrical Trades Union of Australia and the Australian Services Union. The dispute centred on whether the agreement complied with the requirements of the Act and whether it met the FWC's criteria for approval.

The legal issues before the FWC involved assessing whether the agreement contained all the prescribed terms, if it was genuinely an agreement reached through bargaining, and whether it met the FWC's public interest test. The FWC needed to determine if the agreement provided for the employees' pay and conditions of employment in a clear and accessible manner, if it included provisions for dispute resolution, and if it met the broader public interest criteria, such as promoting economic prosperity and social inclusion.

The FWC found that the agreement complied with the statutory requirements of the Act and met the criteria for approval. The agreement was comprehensive, covering all prescribed terms, and the FWC was satisfied that it was the product of genuine bargaining. Additionally, the FWC concluded that the agreement met the public interest test, as it supported economic efficiency and social inclusion by providing fair and reasonable terms for the employees. The FWC approved the agreement under section 182 of the Act.

The FWC approved the Northern Power Services Enterprise Agreement 2025, finding it met all statutory requirements and public interest criteria. The agreement is now a legally binding instrument governing the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established