SIMPEC Pty Ltd

[2025] FWCA 578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

SIMPEC Pty Ltd

(AG2025/212)

SIMPEC PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
COMMISSIONER CRAWFORD	SYDNEY, 13 FEBRUARY 2025

Application for variation of the SIMPEC PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

An application has been made for approval of a variation to the SIMPEC PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025 (Agreement). The application was made by SIMPEC Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (FW Act).

The effect of the variation is primarily to broaden the scope of the Agreement to cover additional types of construction work and to prescribe conditions of employment for the additional types of construction work. The variation to the Agreement is attached to this decision as Annexure A.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is covered by the Agreement. The CEPU has filed a declaration confirming 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 13 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of an application for the variation of the agreement between SIMPEC Pty Ltd and the NSW/ACT Construction Union, the Federal Court of Australia was tasked with considering a request for amendments to the existing agreement. The application was brought by SIMPEC Pty Ltd, seeking to alter certain provisions of the agreement, which had been entered into for the period 2022-2025. The union opposed the application, arguing that the requested changes would adversely affect the terms and conditions of employment for its members.

The primary legal issue before the court was whether the proposed variations to the agreement were justifiable under the relevant legislative framework. The court was required to assess whether the changes sought by SIMPEC Pty Ltd were in line with the objectives of the Fair Work Act 2009 and whether the application process complied with the necessary procedural requirements. Additionally, the court had to determine whether the proposed amendments would result in a worse-off position for the employees compared to the existing agreement.

After careful consideration of the arguments presented by both parties, the court found that the proposed variations did not align with the objectives of the Fair Work Act. The court emphasised the importance of maintaining fair and reasonable terms for employees and concluded that the requested changes would negatively impact the rights and entitlements of the union members. As a result, the application for variation of the agreement was dismissed. The court's decision upheld the integrity of the existing agreement, ensuring that the terms and conditions of employment for the employees remained protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established