[1] This decision concerns an application for approval of the ConnectSydney ITS Enterprise Agreement 2026 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by ConnectSydney Pty Limited (the Applicant).

[2] The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[3] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Applicant and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), which was a bargaining representative for the Agreement, about clause 9.3, which concerns compassionate leave, and clauses 10.2.6 and 10.2.9, which both concern deductions from monies owing on termination of employment. The concern was that those clauses appear to be inconsistent with the National Employment Standards. I sought confirmation as to whether the Applicant intended to rely upon clause 1.3.5 of the Agreement, which can be best described as a NES precedence clause, to resolve any such concern or propose an undertaking. The Applicant confirmed that it intends to rely upon clause 1.3.5 of the Agreement. Based upon that confirmation from the Applicant, the requirement in section 186(2)(c) is satisfied.

[4] Section 205A(1) of the FW Act provides that an enterprise agreement must include a delegates' rights term for workplace delegates to whom the agreement applies. I expressed a preliminary view to the Applicant and the CEPU that the delegates' rights term in the Agreement, which is at clause 5, was less favourable than the delegates' rights term in the Electrical, Electronic and Communications Contracting Award 2020 (Award), which is at clause 26A. I expressed a preliminary view that the delegates' right term in the Award should be taken to be a term of the Agreement because of section 205A(2) of the FW Act. The Applicant indicated that it was content for the delegates' rights terms in the Award to be inserted into the Agreement. The CEPU did not express a view. I confirm my preliminary view and in accordance with section 205A(2) of the FW Act, clause 26A of the Electrical, Electronic and Communications Contracting Award 2020, which concerns workplace delegates' rights, is taken to be a term of the Agreement.

[5] Based on the material provided, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[6] Section 201 of the FW Act requires the approval decision to note certain matters. I note in accordance with section 201(1A) that clause 26A of the Electrical, Electronic and Communications Contracting Award 2020, which concerns workplace delegates' rights, is taken to be a term of the Agreement because of section 205A(2). The second such matter relevant to this application is that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which was a bargaining representative for the Agreement, has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[7] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 20 April 2026. The nominal expiry date of the Agreement is 13 April 2029.

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