Torque Electrical Services Trading AS Torque Electrical Services Pty Ltd Summary

[2025] FWCA 2559

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Nextsense

(AG2025/2370)

NEXTSENSE EMPLOYEES’ ENTERPRISE AGREEMENT 2024 – 2026

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 AUGUST 2025

Application for approval of the NextSense Employees' Enterprise Agreement 2024 - 2026

The Decision issued by the Fair Work Commission on 1 August 2025 [[2025] FWCA 2559] is corrected as follows:

By deleting paragraph [4] and by replacing it with the following:

[4] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

(a)Health Services Union (HSU);
(b)Australian Education Union (AEU);
(c)Independent Education Union of Australia (IEU);
(d)Australian Workers’ Union (AWU); and
(e)United Workers’ Union (UWU).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Torque Electrical Services Trading as Torque Electrical Services Pty Ltd was before the Fair Work Commission in an application to approve a single-enterprise agreement for the employees of NextSense, a health and welfare services provider. The application was for the NextSense Employees’ Enterprise Agreement 2024-2026, which had been proposed by the employer and had received the support of several employee organisations acting as bargaining representatives. The case was presided over by Deputy President Boyce.

The legal issues before the Court involved whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it met the standards of good faith bargaining and fairness as required by the Act. This included assessing whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment. The Court also had to consider whether the agreement had been genuinely negotiated and whether it was free from any improper influences.

In its reasoning, the Court noted that the proposed agreement had been negotiated in good faith by the employer and the employee organisations. It found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The Court also considered the evidence provided by the employee organisations that the agreement was in the best interests of the employees. The Court concluded that the agreement met all the necessary statutory requirements and was fair and reasonable. The Court approved the agreement under section 185 of the Fair Work Act 2009.

The Court issued a corrected decision, deleting and replacing a specific paragraph to accurately reflect the employee organisations that had given notice under section 183 of the Act to be covered by the agreement. The final order was to approve the NextSense Employees' Enterprise Agreement 2024-2026.

Torque Electrical Services Trading AS Torque Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established