Application for approval of the Peak Commercial Electrical Agreement 2026-2030

[1] Wiseclass Investments Pty Ltd Trading AS Peak Commercial Electrical (the Applicant) has made an application for the approval of an enterprise agreement known as the Peak Commercial Electrical Agreement 2026-2030 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that clause 7.3 of the Agreement appears to be inconsistent with the National Employment Standards (the NES). The clause provides for compassionate leave; however it is silent is relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

[4] However, I am satisfied that under clause 3.5 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement contains a delegates' rights term. However, it is less favourable than the workplace delegates' rights term in the applicable award. Consequently, as per s 205A(2) of the Act, the workplace delegates' rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical Division, Western Australian Branch (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 5 March 2026 and, in accordance with s 54, will operate from 12 March 2026. The nominal expiry date of the Agreement is 5 March 2030.

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