NEPEAN POWER WORKSHOP AND SITE SERVICES ENTERPRISE AGREEMENT 2025

[1] This decision concerns an application for approval of the NEPEAN Power Workshop and Site Services Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Nepean Power Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

[3] 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, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), which was a bargaining representative for the Agreement, and another bargaining representative, that the delegates' right term in the relevant modern award, as varied by the Full Bench on 23 January 2026 in [2026] FWCFB 5, was more favourable than clause 27 of the Agreement, which is entitled workplace delegates rights. Moreover, that the award term should be taken to be a term of the Agreement because of section 205A(2) of the FW Act. The Applicant did not oppose the preliminary view. The CEPU and the other bargaining representative did not express a view about my preliminary view. I confirm my preliminary view and in accordance with section 205A(2) of the FW Act, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020, which concerns workplace delegates' rights, is taken to be a term of the Agreement.

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

[5] Section 201 of the FW Act requires the approval decision to note certain matters. I note in accordance with section 201(1A) that clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020, which concerns workplace delegates' rights, is taken to be a term of the Agreement because of section 205A(2). The second matter is that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 5 February 2026. The nominal expiry date of the Agreement is 1 December 2028.

Printed by authority of the Commonwealth Government Printer