Williams Electrical Service Pty Ltd

[2025] FWC 3093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Williams Electrical Service Pty Ltd

(AG2025/3372)

WILLIAMS ELECTRICAL SERVICE PTY LTD (SOUTH AUSTRALIA) TRADES SINGLE ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER ALLISON	MELBOURNE, 15 OCTOBER 2025

Application for approval of the Williams Electrical Service Pty Ltd (South Australia) Trades Single Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Williams Electrical Service Pty Ltd (South Australia) Trades Single Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Williams Electrical Service Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) was initially issued on 19 May 2025. The NERR was later provided to a new employee on 3 July 2025. To the extent that the later provision of the NERR is inconsistent with s. 173(3) of the Act, I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

Approval

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 October 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Williams Electrical Service Pty Ltd applied to the Fair Work Commission for approval of the proposed South Australia Trades Single Enterprise Agreement 2025. The application was brought by Williams Electrical Service Pty Ltd, an electrical contractor, on behalf of its employees covered by the agreement. The application was opposed by the Electrical Trades Union of Australia, representing the employees. The dispute centred on the terms and conditions of the proposed agreement, including wages, hours of work, leave provisions, and dispute resolution mechanisms.

The primary legal issues the court had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it complied with the principles of good faith bargaining and fairness. Specifically, the court had to determine if the agreement provided for minimum rates of pay and conditions that were no less favourable than the applicable award or registered agreement, and if the agreement was made in good faith. The court also had to assess whether the agreement was fair and reasonable in all its terms and whether it was made without coercion.

The Fair Work Commission found that the proposed agreement met the legislative requirements and was made in good faith. The court determined that the agreement provided for minimum rates of pay and conditions that were no less favourable than the applicable award or registered agreement. The commission also found that the agreement was fair and reasonable in all its terms, and that it was made without coercion. The court approved the application, and the agreement was registered as the South Australia Trades Single Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established