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

[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

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).

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

The matter involved an application by the trustee of the Overflow Industrial Unit Trust to the Fair Work Commission for approval of the Overflow Industrial Pty Ltd Enterprise Agreement 2025. The applicant argued that the agreement was necessary to address the unique circumstances of the industrial unit trust and to facilitate the orderly operation of the business. The application was contested by several employees who raised concerns about the terms of the proposed agreement, particularly in relation to pay rates and conditions.

The primary legal issue before the Commission was whether the proposed enterprise agreement was compliant with the requirements of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment for the employees. The Commission had to consider whether the agreement met the statutory criteria for approval, including whether it contained terms that were consistent with the national minimum terms and conditions and whether it had been negotiated in good faith.

In determining the application, the Commission examined the evidence presented by both parties and assessed the terms of the proposed agreement against the statutory criteria. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees and that it met the requirements of the Fair Work Act. The Commission also concluded that the agreement had been negotiated in good faith and that it was in the best interests of the employees and the employer. Accordingly, the Commission approved the proposed enterprise agreement.

The Commission's decision was based on a careful consideration of the evidence and the relevant legal principles. The Commission found that the agreement provided for appropriate protections for the employees and that it was consistent with the national minimum terms and conditions. The Commission also noted that the agreement had been negotiated over a period of several months and that it had been subject to extensive consultation between the parties. The Commission's decision was therefore based on a detailed analysis of the facts and the law, and it reflected the principles of fairness and good faith that underpin the enterprise bargaining system in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established