| [2025] FWCA 2201 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Walker & Frazer Industrial Services Pty Ltd
(AG2025/1995)
WALKER & FRAZER INDUSTRIAL SERVICES PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 4 JULY 2025 |
Application for approval of the Walker & Frazer Industrial Services Pty Limited and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027
Walker & Frazer Industrial Services Pty Ltd has made an application for approval of an enterprise agreement known as the Walker & Frazer Industrial Services Pty Limited and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).
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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.
I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).
The Agreement was approved on 4 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529577 PR788902>
- AGLC
- Walker & Frazer Industrial Services Pty Ltd [2025] FWCA 2201
- Case
- [2025] FWCA 2201
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement met the necessary criteria for covering employees, the terms and conditions it proposed, and whether it was made in good faith and without coercion. The court also had to consider if the agreement was fair and reasonable in terms of the benefits, rights, and obligations it imposed on the parties involved.
In delivering the decision, the Commission found that the proposed enterprise agreement met the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith and without coercion, and that it contained fair and reasonable terms and conditions for the employees covered by it. The Commission was satisfied that the agreement provided for the fair and equitable treatment of the employees and that it was not detrimental to the employees' overall interests. As a result, the Commission approved the proposed enterprise agreement, allowing it to come into effect from the date specified in the agreement.
The final orders of the court were that the proposed enterprise agreement, the Walker & Frazer Industrial Services Pty Limited and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027, be approved and registered under the Fair Work Act. This decision allowed the agreement to be in force and effect, providing the terms and conditions for employment for the relevant employees during the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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