The Trustee for EC Operations Unit Trust Summary

[2025] FWCA 3240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for EC Operations Unit Trust

(AG2025/3172)

EC OPERATIONS & ETU NSW/ACT HVAC UNION AGREEMENT 2024-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2025

Application for approval of the EC Operations & ETU NSW/ACT HVAC Union Agreement 2024-2026

The Trustee for EC Operations Unit Trust has made an application for approval of an enterprise agreement known as the EC Operations & ETU NSW/ACT HVAC Union Agreement 2024-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 24 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of The Trustee for EC Operations Unit Trust, the applicant sought approval for the EC Operations & ETU NSW/ACT HVAC Union Agreement 2024-2026. The respondent, ETU NSW/ACT, opposed the application on the basis that it did not comply with certain statutory provisions. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The central legal issue for the Commission was whether the proposed agreement met the requirements for approval as set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the provisions relating to the inclusion of terms and the procedural fairness in the agreement-making process.

The Commission examined the procedural fairness aspects of the agreement, considering whether the bargaining process was fair and whether the agreement adequately represented the interests of the employees. The Commission noted that the agreement contained terms that were necessary for the operations of the business and that the bargaining process was conducted in a manner that was procedurally fair. The Commission also considered the substantive provisions of the agreement, including wages, conditions, and other employment terms. The Commission found that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it complied with the statutory requirements for approval.

Based on its findings, the Commission approved the EC Operations & ETU NSW/ACT HVAC Union Agreement 2024-2026. The Commission found that the agreement was fair and reasonable, and that it met the statutory requirements for approval. The Commission also noted that the agreement provided for a fair outcome for both the employer and the employees, and that it would promote industrial peace and harmony in the workplace. The Commission's decision was based on a careful consideration of the evidence and the applicable legal principles. The final orders of the Commission were that the agreement be approved and registered under the Fair Work Act.

The Trustee for EC Operations Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established