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[8]
austlii:cth/FWCA/2025/1697
General information, not legal advice.
FWCA
2025-05-23
Original judgment source is linked above.
s.185 - Enterprise agreement
HIGH ENERGY SERVICE PTY LTD ENTERPRISE AGREEMENT 2025
Application for approval of the High Energy Service Pty Ltd Enterprise Agreement 2025.
[1] An application has been made for approval of an enterprise agreement known as the High Energy Service Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by High Energy Service Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).
[4] I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):
Flexible Working Conditions: Under clause 29.1 of the Agreement, the circumstances under which flexible working arrangements may be requested is more limited than that under s.65(1A) of the Act. Clause 29.3 of the Agreement also omits the process that must be followed if the request is going to be refused.
[5] However, noting clause 4.2 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.
[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement supports the approval of the Agreement and has given 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 that the Agreement covers the organisation.
[7] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 30 May 2025. The nominal expiry date of the Agreement is 23 May 2029.
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