Utility Commissioning Services (Qld) Pty Ltd

[2025] FWCA 3549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Utility Commissioning Services (Qld) Pty Ltd

(AG2025/3296)

UTILITY COMMISSIONING SERVICES (QLD) PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024 - 2028

Electrical contracting industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 23 OCTOBER 2025

Application for approval of the Utility Commissioning Services (QLD) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028

Introduction

Utility Commissioning Services (Qld) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Utility Commissioning Services (QLD) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single enterprise agreement. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (‘CEPU’) acted as a bargaining representative and is an employee organisation covered by the Agreement.

Greenfields Agreement

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Section 186, 187 and 188

Having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Section 53 Agreement Coverage

Pursuant to s.53(2)(b) of the Act, I note that Agreement was made with the CEPU and that the Agreement covers this organisation.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2025. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Utility Commissioning Services (Qld) Pty Ltd recently sought approval of its proposed enterprise agreement from the Fair Work Commission. The proposed agreement, the Utility Commissioning Services (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028, was set to apply to its employees who are members of the Electrical Trades Union of Australia. The dispute centred on the terms and conditions of employment, including wages, working conditions, and dispute resolution mechanisms.

The key legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009, particularly sections concerning the "better off overall test" and "no disadvantage test". The Commission had to ensure that the agreement was free from prohibited content and that it did not undermine the safety and health of employees or the public. Additionally, the Commission needed to consider whether the proposed agreement met the criteria for being a "single interest" enterprise agreement and whether it was appropriately certified.

In assessing the application, the Commission examined the submissions from both the employer and the union, as well as the views of affected employees. The Commission concluded that the proposed agreement met the statutory requirements, providing fair and reasonable terms and conditions of employment. The Commission found that the agreement was not likely to have a detrimental effect on the safety and health of employees or the public, and that it complied with the "better off overall test". The Commission also determined that the agreement was appropriately certified and met the criteria for a "single interest" enterprise agreement.

As a result, the Commission approved the Utility Commissioning Services (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028. The agreement will now apply to the employees covered by it, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established