Renewables Technical Services Pty Ltd

[2025] FWCA 3367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Renewables Technical Services Pty Ltd

(AG2025/2743)

RENEWABLES TECHNICAL SERVICES PTY LTD AND AUSTRALIA WORKERS’ UNION CONSTRUCTION AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 7 OCTOBER 2025

Application for variation of the Renewable Technical Services Pty Ltd and Australian Workers’ Union Construction Agreement 2023 - 2026

An application has been made for approval of a variation to the Renewable Technical Services Pty Ltd and Australian Workers’ Union Construction Agreement 2023 - 2026 (Agreement). The application was made by Renewable Technical Services Pty Ltd (RTS) pursuant to s.210 of the Fair Work Act 2009 (FW Act).

The application seeks approval for a wide range of variations to the Agreement. The variations include:

Adding various references to the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Electrical Division, NSW Divisional Branch.
- Adding reference to the incorporation of the Electrical, Electronic and Communications Contracting Award 2020 and the Electrical Power Industry Award 2020.
- Amending the work, health, and safety conditions.
- Amending the redundancy and employment security conditions.
- Amending the roster cycle conditions.
- Amending the jury service conditions.
- Amending the insurance and mobilisation conditions.
- Amending the classification structure.
- Adding further wage increases.

A signed copy of the variation to the Agreement is attached to this decision as Annexure A.

The application was supported by a declaration from David Colasante (CEO Australia) which explains the process implemented by RTS to have the variation approved by the affected employees.

The Australian Workers’ Union (AWU) is covered by the Agreement. The AWU confirmed on 30 September 2025 that is supports the approval of the variation.

The CEPU has been involved in negotiating the variations to the Agreement. The CEPU confirmed on 23 September 2025 that it supports the variation.

I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision

In accordance with s.216 of the FW Act, the variation operates from 7 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Renewables Technical Services Pty Ltd recently applied to the Fair Work Commission to vary the Renewable Technical Services Pty Ltd and Australian Workers’ Union Construction Agreement 2023 - 2026. The application was made on the basis that the company had suffered a significant decline in profitability and cash flow, which the union had attributed to a downturn in the construction industry. The union argued that the company had not provided sufficient evidence to support its application for a variation of the agreement.

The central legal issues before the commission were whether the company had demonstrated a substantial change in circumstances and whether any proposed variation would be consistent with the principles of good faith bargaining. The commission examined the evidence presented by the company and considered the impact of the economic downturn on the industry, as well as the overall fairness of any proposed changes to the agreement.

The commission found that the company had not demonstrated a substantial change in circumstances sufficient to warrant a variation of the agreement. The evidence provided by the company did not clearly establish a significant and sustained decline in profitability or cash flow that was not within the company's control. Furthermore, the commission noted that the company had not demonstrated that the proposed variations were necessary to address the alleged downturn. The commission concluded that the company had not met the threshold for a substantial change in circumstances and that any proposed variations would not be consistent with the principles of good faith bargaining.

The application for a variation of the agreement was dismissed. The commission emphasised the importance of good faith bargaining and the need for employers to provide robust evidence to support applications for variations of workplace agreements. The decision serves as a reminder to employers that they must demonstrate a substantial change in circumstances before seeking variations to existing agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established