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[8]
austlii:cth/FWCA/2025/3297
General information, not legal advice.
FWCA
2025-09-30
Original judgment source is linked above.
s.185 - Application for approval of a greenfields agreement
RENEWABLES TECHNICAL SERVICES PTY LTD AND ETU NSW/ACT ELECTRICAL SUPPLY INDUSTRY AGREEMENT 2025-2028
Application for approval of the Renewables Technical Services Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement NSW 2025 - 2028
[1] Renewables Technical Services Pty Ltd has applied for approval of a greenfields agreement known as the Renewables Technical Services Pty Ltd and ETU NSW/ACT Electrical Supply Industry Agreement 2025-2028 ("Agreement"). The application is made under section 185 of the Fair Work Act 2009 ("Act").
[2] The Agreement is between Renewables Technical Services and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia ("ETU"). It was made on 17 September 2025.
[3] I note one matter. Clause 37 of the Agreement provides that "the Company and employees" (noting the plural) may substitute a public holiday for another day. Section 115(3) of the Act allows for an enterprise agreement to include terms providing for "an employer and employee" (noting the singular) to agree on the substitution of public holidays. That said, clause 5(c) of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that clause 37 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case
[4] Having considered the terms of the Agreement and the declarations provided by Renewables Technical Services and the ETU, I am satisfied that:
(1) the Agreement meets the requirements of section 172(2)(b) of the Act; and
(2) each of the requirements of sections 186 and 187 of the Act as are relevant to the application for approval have been met. In particular, I am satisfied that:
(a) the ETU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work to be performed under it; and
(b) it is in the public interest to approve the Agreement.
[5] For the purposes of section 53(2)(b) of the Act, I note that the Agreement covers the ETU.
[6] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 7 October 2025. The nominal expiry date of the Agreement is 6 August 2028.
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