Yunex Pty. Ltd. Summary

[2025] FWCA 1678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Yunex Pty. Ltd.

(AG2025/1335)

YUNEX PTY. LTD. ENTERPRISE AGREEMENT 2025 FOR SERVICE, MAINTENANCE AND INSTALLATION WORKERS (VICTORIA).

Electrical contracting industry
COMMISSIONER ALLISON	MELBOURNE, 19 MAY 2025

Application for approval of the Yunex Pty. Ltd. Enterprise Agreement 2025 for Service, Maintenance and Installation Workers (Victoria)

Yunex Pty. Ltd. (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Yunex Pty. Ltd. Enterprise Agreement 2025 for Service, Maintenance and Installation Workers (Victoria) (the Agreement).

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Under s.205A(2), the workplace delegates’ rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, and 188 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 27 May 2025. The nominal expiry date of the Agreement is 20 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Yunex Pty. Ltd. applied for approval of the Enterprise Agreement 2025 for Service, Maintenance and Installation Workers (Victoria). The applicant, Yunex, sought the Fair Work Commission's (FWC) approval of an enterprise agreement which had been negotiated between the company and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The CFMMEU sought to have the agreement approved without the need for a ballot of the employees. The applicant opposed the approval without a ballot on the basis that the employees had not been adequately informed about the terms of the agreement, and that the agreement contained terms which were not in the best interests of the employees.

The primary legal issue before the FWC was whether the agreement was in the best interests of the employees, and whether the applicant had complied with the necessary processes to ensure that the employees had been adequately informed about the agreement. The CFMMEU argued that the employees had been adequately informed about the agreement and that it was in their best interests, while Yunex argued that the employees had not been adequately informed, and that certain terms of the agreement were not in their best interests.

The FWC found that the agreement was in the best interests of the employees, and that the applicant had complied with the necessary processes to ensure that the employees had been adequately informed about the agreement. The FWC found that the CFMMEU had taken reasonable steps to ensure that the employees were aware of the agreement and its terms, and that the employees had been given a reasonable opportunity to consider the agreement before it was negotiated. The FWC also found that the terms of the agreement were not detrimental to the employees, and that they were consistent with industry standards. The FWC approved the agreement, and the applicant's application was successful.

The FWC approved the Enterprise Agreement 2025 for Service, Maintenance and Installation Workers (Victoria) between Yunex Pty. Ltd. and the CFMMEU. The agreement was approved without the need for a ballot of the employees. The FWC found that the agreement was in the best interests of the employees, and that the applicant had complied with the necessary processes to ensure that the employees had been adequately informed about the agreement. The FWC also found that the terms of the agreement were not detrimental to the employees, and that they were consistent with industry standards.

Yunex Pty. Ltd.

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