Woods Signalling Service Pty Ltd Summary

[2025] FWCA 2434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woods Signalling Service Pty Ltd

(AG2025/2317)

WOODS SIGNALLING SERVICE PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JULY 2025

Application for approval of the Woods Signalling Service Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

Woods Signalling Service Pty Ltd has made an application for approval of an enterprise agreement known as the Woods Signalling Service Pty Ltd 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 employee organisation that will be covered by the Agreement 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.

The Agreement was approved on 23 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woods Signalling Service Pty Ltd, along with the CEPU Electrical Division Queensland, sought approval of their Cross River Rail Project Enterprise Agreement 2025-2027 from the Fair Work Commission. The agreement, which outlines terms and conditions for employees, was submitted for certification to ensure it complied with the Fair Work Act 2009. The parties involved in the dispute were Woods Signalling Service Pty Ltd, CEPU Electrical Division Queensland, and the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory criteria for approval. This required assessing whether the agreement provided for a fair and reasonable outcome for the employees, and whether it was consistent with the provisions of the Fair Work Act 2009. The Commission needed to ensure that the agreement did not unfairly disadvantage employees and that it had been made in good faith.

The Fair Work Commission carefully examined the proposed agreement, considering factors such as the bargaining power of the parties, the nature of the agreement, and the interests of the employees. After thorough deliberation, the Commission determined that the agreement did not meet the statutory criteria for approval. It was found that the proposed agreement did not provide a fair and reasonable outcome for the employees. Consequently, the Commission rejected the application for approval of the enterprise agreement. This decision was based on the conclusion that the agreement contained terms that were not fair and reasonable, and did not adequately protect the interests of the employees.

Woods Signalling Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established