Fredon ACT Pty Ltd Summary

[2013] FWCA 2475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fredon ACT Pty Ltd
(AG2013/5521)

FREDON ACT PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 23 APRIL 2013

Application for the approval of the FREDON ACT Pty Ltd Construction Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the FREDON ACT Pty Ltd Construction Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement covers the employer’s electrical contracting employees. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the 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 this organisation.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 30 April 2013. The nominal expiry date of the Agreement is 1 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Fredon ACT Pty Ltd, which sought approval of a construction enterprise agreement from 2012 to 2015. The matter was heard in the Fair Work Commission, which is responsible for overseeing such agreements and ensuring compliance with the Fair Work Act 2009. The primary dispute centred on whether the agreement met the necessary legal standards and whether the process for its approval was conducted appropriately.

The legal issues the court had to decide included whether the agreement was genuinely negotiated, whether it provided for the resolution of disputes, and if the necessary procedural requirements were met. Additionally, the court examined whether the agreement provided fair terms and conditions for the employees and whether it complied with the provisions of the Fair Work Act.

The court found that the agreement was genuinely negotiated between the parties and that it provided adequate mechanisms for the resolution of disputes. It was also determined that the procedural requirements were met, including the provision of relevant information to the employees. The court concluded that the agreement provided fair terms and conditions for the employees and complied with the Fair Work Act. Based on these findings, the court approved the construction enterprise agreement for the specified period.

As a result of the court's decision, Fredon ACT Pty Ltd's construction enterprise agreement for the years 2012 to 2015 was approved. This ruling ensures that the agreement remains in effect, providing a framework for the terms and conditions of employment between the company and its employees during the specified period.

Fredon ACT Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established