DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cockerell Family Trust T/A Intech Electrical Solutions
(AG2017/3647)

INTECH ELECTRICAL SOLUTIONS ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Intech Electrical Solutions Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Intech Electrical Solutions Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Cockerell Family Trust T/A Intech Electrical Solutions. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 20 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Intech Electrical Solutions Enterprise Agreement 2017-2021. The parties include the Cockerell Family Trust trading as Intech Electrical Solutions and its employees, represented by the Electrical Trades Union of Australia. The dispute was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The central legal issues before the Commission were whether the agreement met the statutory criteria for approval, including if it provided for fair and reasonable terms and conditions of employment, and if it was made in accordance with the requirements of the Fair Work Act 2009. The Commission had to consider submissions from both the employer and the union, as well as any other interested parties. The application for approval hinged on whether the terms of the agreement met the requirements for being "protected action" under the Act, and if it was fair and reasonable in all its parts.

In its reasoning, the Commission found that the agreement did meet the criteria for approval. It determined that the agreement was made in good faith and without coercion, and that the terms provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement contained provisions for minimum rates of pay, leave entitlements, and other conditions that were consistent with industry standards. The Commission was satisfied that the agreement was not detrimental to the employees and that it facilitated a fair and efficient workplace. Therefore, the application for approval was successful.

The final orders of the Commission were that the Intech Electrical Solutions Enterprise Agreement 2017-2021 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision and would remain in effect until the earlier of its expiry or termination in accordance with the Act.

Cockerell Family Trust T/A Intech Electrical Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established