DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon (ACT) Pty Limited
(AG2018/5347)

FREDON ACT PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Fredon ACT Pty Ltd Construction Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fredon ACT Pty Ltd Construction Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fredon (ACT) Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2019. The nominal expiry date of the Agreement is 1 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fredon (ACT) Pty Limited recently came before the Fair Work Commission to seek approval of the Fredon ACT Pty Ltd Construction Enterprise Agreement 2018. The dispute centred on the application to approve a new enterprise agreement, which had been negotiated between the employer and a union representing the employees. The union sought to have the agreement approved as it was, while the employer argued for certain changes to the proposed terms.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the best interests of the employees it covered, whether it provided for fair and reasonable terms and conditions, and whether it adhered to the relevant industrial instruments and legislative requirements. Another key issue was whether the agreement adequately protected the rights of employees and provided for a fair and efficient workplace.

The Commission found that the proposed agreement did meet the necessary criteria for approval. The terms and conditions were considered fair and reasonable, and the agreement was deemed to be in the best interests of the employees. The Commission also determined that the agreement provided adequate protections for employees and would facilitate a fair and efficient workplace. The employer's requests for changes were largely rejected, with only minor amendments being accepted. Consequently, the Commission approved the agreement, subject to the minor modifications.

The final orders of the Commission were that the Fredon ACT Pty Ltd Construction Enterprise Agreement 2018 be approved, with the aforementioned minor amendments. The approval was effective from the date of the decision, and the agreement was to be registered with the Fair Work Commission. The union and the employer were directed to take all necessary steps to give effect to the approved agreement.

Fredon (ACT) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established