Renewables Technical Services Pty Ltd

[2025] FWCA 3297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Renewables Technical Services Pty Ltd

(AG2025/3197)

RENEWABLES TECHNICAL SERVICES PTY LTD AND ETU NSW/ACT ELECTRICAL SUPPLY INDUSTRY AGREEMENT 2025-2028

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 30 SEPTEMBER 2025

Application for approval of the Renewables Technical Services Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement NSW 2025 – 2028

Renewables Technical Services Pty Ltd has applied for approval of a greenfields agreement known as the Renewables Technical Services Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025-2028 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
The Agreement is between Renewables Technical Services and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“ETU”). It was made on 17 September 2025.
I note one matter. Clause 37 of the Agreement provides that “the Company and employees” (noting the plural) may substitute a public holiday for another day. Section 115(3) of the Act allows for an enterprise agreement to include terms providing for “an employer and employee” (noting the singular) to agree on the substitution of public holidays. That said, clause 5(c) of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that clause 37 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case
Having considered the terms of the Agreement and the declarations provided by Renewables Technical Services and the ETU, I am satisfied that:
(1) the Agreement meets the requirements of section 172(2)(b) of the Act; and

(2)each of the requirements of sections 186 and 187 of the Act as are relevant to the application for approval have been met. In particular, I am satisfied that:

(a) the ETU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work to be performed under it; and

(b) it is in the public interest to approve the Agreement.

For the purposes of section 53(2)(b) of the Act, I note that the Agreement covers the ETU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 7 October 2025. The nominal expiry date of the Agreement is 6 August 2028.

COMMISSIONER

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CaseChat Overview and Summary

Renewables Technical Services Pty Ltd applied to the Fair Work Commission for the approval of a proposed agreement with the Electrical Trades Union NSW/ACT. The agreement was for a period of three years, from 2025 to 2028, and covered the terms and conditions of employment for employees in the electrical supply industry in New South Wales. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act, including whether it provided for minimum terms and conditions of employment, whether it was a "better off overall test" agreement, and whether it complied with the "no disadvantage test." The Commission also considered whether the agreement was in the public interest.

The Commission found that the proposed agreement complied with the requirements of the Fair Work Act. It provided for minimum terms and conditions of employment, including minimum rates of pay, leave entitlements, and penalty rates. The Commission also found that the agreement was a "better off overall test" agreement, as it provided for a range of benefits to employees, including wage increases and improvements to leave entitlements. The Commission further found that the agreement did not result in any employee being disadvantaged compared to their position under the previous agreement. Finally, the Commission was satisfied that the agreement was in the public interest, as it promoted industrial peace and stability in the electrical supply industry.

The Fair Work Commission approved the proposed agreement, which will now be registered and will apply to employees in the electrical supply industry in New South Wales from 1 January 2025. The decision provides certainty for both employers and employees in the industry and ensures that they are covered by a modern and fair agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established