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

[2025] FWCA 2598

[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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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).

1. 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

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<AE529951  PR790368>

Annexure A