Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CONCEPT ENGINEERING OVERHEAD RAIL SAFETY OBSERVER ENTERPRISE AGREEMENT 2025 - 2029

Application for approval of the Concept Engineering Overhead Rail Safety Observer Enterprise Agreement 2025 - 2029

[1] An application has been made for approval of an enterprise agreement known as the Concept Engineering Overhead Rail Safety Observer Enterprise Agreement 2025 - 2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the "Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia" known as Electrical Trades Union of Australia (ETU). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The F17B declaration lodged by the employer stated that the voting method was by email to the employer. Paragraph 15(a) of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 provides that employees 'should be given a reasonable opportunity to vote on a proposed enterprise agreement in a free and informed manner', and that this 'should include a voting process that ensures the vote of each employee is not disclosed to or ascertainable by the employer'. The Employer submitted that the process was administered by a non-managerial employee who ensured that individual votes were not disclosed to, or accessible by, the employer, such that only the overall outcome of the vote was reported. The ETU supported the Employer's response.

[5] I accept these submissions. In my view the employees in this case had a reasonable opportunity to vote on the Agreement in a free and informed manner. There is nothing to suggest that the method of vote had any adverse effect on employees. It did not compromise the genuineness of their agreement. I am satisfied that the Agreement was genuinely agreed to by the employees covered by it (see s 186(2)(a) of the Act).

[6] On the basis of the material contained in the application and accompanying declaration, 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.

[7] The ETU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 20 March 2026.

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