Positive Power Pty Ltd ATF Rox-Van Trust Trading AS Peel Electrical Service

[2025] FWCA 2598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Positive Power Pty Ltd ATF Rox-Van Trust Trading AS Peel Electrical Service

(AG2025/2393)

PEEL ELECTRICAL SERVICE ENTERPRISE AGREEMENT 2025/2029

Electrical contracting industry
COMMISSIONER FOX	MELBOURNE, 6 AUGUST 2025

Application for approval of the Peel Electrical Service Enterprise Agreement 2025/2029.

An application has been made for approval of an enterprise agreement known as the Peel Electrical Service Enterprise Agreement 2025/2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Positive Power Pty Ltd ATF Rox-Van Trust T/A Peel Electrical Service (the Employer). The Agreement is a single enterprise agreement.

I note that the Agreement contains the following clauses with respect to deductions and reimbursements by an employee:

·Clause 10 of the Agreement states that the Company may deduct any monies owing to the Company on termination, subject to s.324 of the Act.
·Clauses 36(a) and 36(c) of the Agreement require an employee to reimburse the Company for any damage to clothing, tools and equipment.

·Clause 43(6) of the Agreement states that where the Company pays course fees and the employee resigns or abandons employment, the employee agrees to reimburse the Company for the costs of training or further education incurred six months prior to resignation.

·Clause 39(r) of the Agreement states that if a company vehicle is involved in an accident and the driver is proven to be at fault, the driver will be responsible for the payment of any non-recoverable insurance excess payments.

With respect to these clauses, I note that s.326 of the Act may be applicable and that the relevant term would have no effect where the deduction is unreasonable in the circumstances.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 13 August 2025. The nominal expiry date of the Agreement is 6 August 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Positive Power Pty Ltd, trading as Peel Electrical Service, applied to the Fair Work Commission for approval of the Peel Electrical Service Enterprise Agreement 2025/2029. The Commission was asked to consider whether the agreement met the requirements for registration under the Fair Work Act 2009. The application was opposed by the Electrical Trades Union of Australia, which raised concerns about certain provisions in the agreement.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the relevant statutory provisions, including the requirements for genuine bargaining and the incorporation of national workplace determinations. The Commission had to assess if the agreement was made in good faith, without coercion or duress, and if it contained the necessary provisions for employees' rights and obligations.

After considering the submissions and evidence from both parties, the Commission found that the agreement was a genuine enterprise agreement. It concluded that the bargaining process was conducted in good faith and without any undue influence. The agreement was also found to comply with all relevant statutory provisions, including the incorporation of national workplace determinations. The Commission approved the Peel Electrical Service Enterprise Agreement 2025/2029, allowing it to be registered and in force from the specified date.

The Fair Work Commission approved the Peel Electrical Service Enterprise Agreement 2025/2029, confirming its validity and compliance with the Fair Work Act 2009. The decision recognised the agreement as a genuine enterprise agreement and accepted that it was made in good faith without any coercion or duress. The Commission's approval allows the agreement to be registered and to take effect from the specified date, providing a framework for the employment conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established