The Trustee For Overflow Industrial Unit Trust Trading AS Overflow Industrial Pty Ltd

Case

[2025] FWCA 2665

11 AUGUST 2025


[2025] FWCA 2665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For Overflow Industrial Unit Trust Trading AS Overflow Industrial Pty Ltd

(AG2025/2449)

OVERFLOW INDUSTRIAL PTY LTD ENTERPRISE AGREEMENT 2025

Electrical contracting industry

COMMISSIONER SCHNEIDER

PERTH, 11 AUGUST 2025

Application for approval of the Overflow Industrial Pty Ltd Enterprise Agreement 2025

  1. The Trustee For Overflow Industrial Unit Trust Trading AS Overflow Industrial Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Overflow Industrial Pty Ltd Enterprise Agreement 2025 (the Agreement).

  1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

  1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

  1. Pursuant to section 202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

  1. Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement. 

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 11 August 2029.


COMMISSIONER

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