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austlii:cth/FWCA/2026/225
General information, not legal advice.
FWCA
2026-02-03
Commissioner P
Original judgment source is linked above.
PROGRAMMED INDUSTRIAL MAINTENANCE NSW SOUTH - WOLLONGONG AND SYDNEY REGIONS ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2025
Application for approval of the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Electrical Services Enterprise Agreement 2025
[1] T&C Services Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Electrical Services Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] The Employer provided written undertakings. A copy of the undertakings is attached in 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 of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
[4] The Agreement does not contain a delegates' rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
[6] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the CEPU.
[7] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 10 February 2026. The nominal expiry date of the Agreement is 12 May 2028.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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