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[10]
austlii:cth/FWCA/2025/3367
General information, not legal advice.
FWCA
2025-10-07
Original judgment source is linked above.
s.210 - Application for approval of a variation of an enterprise agreement
RENEWABLES TECHNICAL SERVICES PTY LTD AND AUSTRALIA WORKERS' UNION CONSTRUCTION AGREEMENT 2023-2026
Application for variation of the Renewable Technical Services Pty Ltd and Australian Workers' Union Construction Agreement 2023 - 2026
[1] An application has been made for approval of a variation to the Renewable Technical Services Pty Ltd and Australian Workers' Union Construction Agreement 2023 - 2026 (Agreement). The application was made by Renewable Technical Services Pty Ltd (RTS) pursuant to s.210 of the Fair Work Act 2009 (FW Act).
[2] The application seeks approval for a wide range of variations to the Agreement. The variations include:
Adding various references to the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Electrical Division, NSW Divisional Branch.
Adding reference to the incorporation of the Electrical, Electronic and Communications Contracting Award 2020 and the Electrical Power Industry Award 2020.
Amending the work, health, and safety conditions.
Amending the redundancy and employment security conditions.
Amending the roster cycle conditions.
Amending the jury service conditions.
Amending the insurance and mobilisation conditions.
Amending the classification structure.
Adding further wage increases.
A signed copy of the variation to the Agreement is attached to this decision as Annexure A.
[3] The application was supported by a declaration from David Colasante (CEO Australia) which explains the process implemented by RTS to have the variation approved by the affected employees.
[4] The Australian Workers' Union (AWU) is covered by the Agreement. The AWU confirmed on 30 September 2025 that is supports the approval of the variation.
[5] The CEPU has been involved in negotiating the variations to the Agreement. The CEPU confirmed on 23 September 2025 that it supports the variation.
[6] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met.
[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision
[8] In accordance with s.216 of the FW Act, the variation operates from 7 October 2025.
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