Verbrec Limited

[2025] FWCA 2841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Verbrec Limited

(AG2025/2492)

VERBREC SA/NT ELECTRICAL ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER ROGERS	ADELAIDE, 25 AUGUST 2025

Application for approval of the Verbrec SA/NT Electrical Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Verbrec SA/NT Electrical Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Verbrec Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.205A(2) of the Act, the Workplace Delegates’ Rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

Personal/carers leave – Clause 27.1.2 of the Agreement provides that carers leave is claimable where the employee is the primary caregiver to a sick family member. By including the term primary care giver, this clause appears more restrictive than s.97 of the Act.
Personal/carer’s leave – Clause 27.3 of the Agreement states any employee making a claim for personal leave must notify the Employer as soon as practicable prior to the commencement of the normal starting time of his/her working day or shift and stipulate the reasons for and the likely duration of the absence; provided notification must be by phone call to the employee’s supervisor or manager. Section 107 of the Act however, provides for notice to be given as soon as practicable and may be a time after the leave has started.

Noting clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act from 1 September 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Verbrec Limited is an applicant seeking the approval of the Verbrec SA/NT Electrical Enterprise Agreement 2025. The application was heard in the Fair Work Commission, and the matter involved the terms and conditions of employment for electrical workers in South Australia and the Northern Territory. The dispute centred around the fairness, reasonableness, and compliance of the proposed agreement with the relevant industrial and legislative frameworks.

The court had to determine whether the agreement was fair and reasonable in all its parts, taking into account the relevant principles of the Fair Work Act 2009. This involved assessing whether the agreement provided for terms and conditions of employment that were fair and reasonable in all respects, including the provisions on wages, hours of work, leave, and other employment-related matters. The court also had to ensure that the agreement complied with the principles of the Fair Work Act and did not discriminate against any particular group of employees.

The Fair Work Commission found that the proposed agreement was fair and reasonable in all its parts. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, taking into account the needs and interests of both employers and employees. The court found that the agreement complied with the principles of the Fair Work Act and did not contain any discriminatory provisions. As a result, the court approved the Verbrec SA/NT Electrical Enterprise Agreement 2025.

The Fair Work Commission ordered that the Verbrec SA/NT Electrical Enterprise Agreement 2025 be approved and registered. The agreement will now apply to the electrical workers in South Australia and the Northern Territory, providing them with fair and reasonable terms and conditions of employment. The approval of the agreement ensures that the employment rights and obligations of both employers and employees are protected and upheld in accordance with the relevant industrial and legislative frameworks.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established