Wood Australia Pty Ltd Trading AS Wood Australia

[2025] FWCA 2398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wood Australia Pty Ltd Trading AS Wood Australia

(AG2025/2202)

WOOD ELECTRICAL AND INSTRUMENT AGREEMENT LYTTON REFINERY 2025 – 2028

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 21 JULY 2025

Application for approval of the Wood Electrical and Instrument Agreement Lytton Refinery 2025 – 2028

An application has been made for approval of an enterprise agreement known as the Wood Electrical and Instrument Agreement Lytton Refinery 2025 – 2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wood Australia Pty Ltd (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.

Noting clause 7 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Australia Pty Ltd, trading as Wood Australia, applied to the Fair Work Commission for approval of the Wood Electrical and Instrument Agreement Lytton Refinery 2025 – 2028. The application was made in accordance with section 234 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that have been negotiated between employers and employees. The application was opposed by the Electrical Trades Union of Australia, which argued that the agreement did not comply with certain provisions of the Fair Work Act.

The legal issues before the Commission were whether the agreement met the requirements for approval under section 234 of the Fair Work Act, including whether it contained the minimum terms and conditions set out in the Fair Work Act and regulations, and whether it had been genuinely negotiated between the parties. The Commission found that the agreement met the requirements for approval, and was satisfied that it contained the minimum terms and conditions set out in the Fair Work Act and regulations. The Commission also found that the agreement had been genuinely negotiated between the parties, despite the opposition of the Electrical Trades Union of Australia.

The Commission noted that the agreement provided for a number of improvements for employees, including increased wages and better working conditions. The Commission was satisfied that the agreement was in the best interests of the employees, and that it provided for a fair and reasonable outcome for both parties. The Commission approved the agreement, and it will now be registered with the Fair Work Commission. The approval of the agreement will provide certainty and stability for both parties, and will ensure that employees are able to benefit from the improvements set out in the agreement.

The Fair Work Commission approved the Wood Electrical and Instrument Agreement Lytton Refinery 2025 – 2028, and it will now be registered with the Commission. The approval of the agreement provides certainty and stability for both parties, and ensures that employees are able to benefit from the improvements set out in the agreement. The Commission found that the agreement met the requirements for approval under section 234 of the Fair Work Act, and was satisfied that it contained the minimum terms and conditions set out in the Fair Work Act and regulations. The Commission also found that the agreement had been genuinely negotiated between the parties, despite the opposition of the Electrical Trades Union of Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established