Way Electrical Pty Ltd Trading AS Way Electrical & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2025] FWCA 2906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Way Electrical Pty Ltd Trading AS Way Electrical & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2025/2844)

WAY ELECTRICAL PTY LTD ALKIMOS SEA-WATER DESALINATION PLANT ONSHORE PROJECT UNION GREENFIELDS AGREEMENT 2025

Electrical contracting industry
COMMISSIONER SCHNEIDER	PERTH, 28 AUGUST 2025

Application for approval of the WAY Electrical Pty Ltd Alkimos Sea-Water Desalination Plant Onshore Project Union Greenfields Agreement 2025

Way Electrical Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the WAY Electrical Pty Ltd Alkimos Sea-Water Desalination Plant Onshore Project Union Greenfields Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings, and a copy of the undertakings is attached to the Agreement.

In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement. Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

Clause 4.3 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

In accordance with section 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) are 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. Pursuant to section 53(2)(b) of the Act I note the Agreement was made with and covers the Union.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 September 2025.

The nominal expiry date of the Agreement is 28 August 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Way Electrical Pty Ltd, trading as Way Electrical & Communications, sought approval of the WAY Electrical Pty Ltd Alkimos Sea-Water Desalination Plant Onshore Project Union Greenfields Agreement 2025. This application was opposed by the Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The case was heard in the Fair Work Commission, with the primary issue being whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. The central concern was whether the agreement adequately protected the rights of employees and complied with the relevant provisions of the Act.

The court needed to determine whether the proposed agreement was a "greenfields agreement" as defined in the Act, considering it a new workplace without a pre-existing enterprise agreement. Additionally, the court had to assess whether the agreement was a "better off overall test" agreement, meaning that the benefits to employees outweighed any detriments. The court also examined the processes undertaken by the parties to negotiate the agreement and whether it was genuinely negotiated and fairly presented to the employees.

In rendering its decision, the Fair Work Commission found that the proposed agreement was indeed a greenfields agreement and satisfied the criteria for approval under the Fair Work Act. The court concluded that the agreement was genuinely negotiated, fairly presented to the employees, and met the better off overall test. The Commission approved the agreement, noting the parties' commitment to fair and transparent negotiation processes, and the overall benefits provided to the employees.

The Commission's final orders approved the WAY Electrical Pty Ltd Alkimos Sea-Water Desalination Plant Onshore Project Union Greenfields Agreement 2025, subject to its implementation in accordance with the terms of the Act. The court emphasised the importance of ensuring fair and transparent negotiation processes and the need for agreements to genuinely benefit employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established