EDC Solutions Pty Ltd

[2014] FWCA 4676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EDC Solutions Pty Ltd
(AG2014/1473)

EDC SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 JULY 2014

Application for approval of the EDC Solutions Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the EDC Solutions Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EDC Solutions Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 July 2014 and, in accordance with s.54, will operate from 21 July 2014. The nominal expiry date of the Agreement is 14 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the EDC Solutions Pty Ltd Enterprise Agreement 2014-2018. The parties included EDC Solutions Pty Ltd, the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred on whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the issue was whether the agreement provided fair and reasonable terms and conditions for the employees, including their wages, hours of work, and other employment conditions.

The legal issues before the Commission included whether the agreement adequately addressed the needs and interests of both the employer and the employees, ensuring that it complied with the provisions of the Fair Work Act. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it provided for fair and reasonable terms. The Commission also needed to determine if the agreement included appropriate provisions for dispute resolution and whether it provided for the protection of employee rights.

The Fair Work Commission found that the agreement was fair and reasonable, providing appropriate terms and conditions for the employees. The Commission noted that the agreement included provisions for wages, hours of work, and other employment conditions that were in line with industry standards. The Commission also found that the agreement was made in good faith and included adequate provisions for dispute resolution. Furthermore, the Commission determined that the agreement provided sufficient protection for employee rights. Consequently, the Commission approved the enterprise agreement, finding that it met the necessary criteria under the Fair Work Act.

The final orders of the Fair Work Commission were that the EDC Solutions Pty Ltd Enterprise Agreement 2014-2018 be approved and registered under the Fair Work Act. The agreement was deemed to be in effect from the date of the decision and would remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established