| [2021] FWCA 6285 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fredon Industries Pty Limited
(AG2021/7759)
FREDON INDUSTRIES PTY LIMITED - ROZLLE INTERCHANGE AND WESTERN HARBOUR TUNNEL ENABLING WORKS, ETU ELECTRICAL SYSTEM FIT OUT GREENFIELD AGREEMENT 2021 - 2024
Electrical contracting industry | |
DEPUTY PRESIDENT BOYCE | SYDNEY, 15 OCTOBER 2021 |
Application for approval of the Fredon Industries Pty Limited - Rozelle Interchange and Western Habour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2021 - 2024
[1] An application has been made for approval of an enterprise agreement to be known as the Fredon Industries Pty Limited - Rozelle Interchange and Western Habour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2021 – 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fredon Industries Pty Limited (Employer). The Agreement is a greenfields agreement.
[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has provided a declaration in support of the Agreement under s.182(3) of the Act. In accordance with s.201(2A) of the Act, I note that the Agreement covers this organisation.
[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2021. The nominal expiry date of the Agreement is 31 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE513526 PR734919>
- AGLC
- Fredon Industries Pty Limited [2021] FWCA 6285
- Case
- [2021] FWCA 6285
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address were primarily focused on the validity and appropriateness of the terms and conditions outlined in the proposed agreement. This included an examination of whether the agreement complied with relevant statutory requirements and whether the terms were fair and reasonable. The court also had to consider whether the proposed agreement would serve the public interest and promote the efficient and effective completion of the project.
After reviewing the submissions and evidence presented by both parties, the court found that the proposed agreement was in compliance with the necessary statutory requirements. The court was satisfied that the terms and conditions were fair and reasonable, and that the agreement would indeed serve the public interest and facilitate the timely and effective completion of the project. Consequently, the court approved the Fredon Industries Pty Limited - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2021-2024.
As a result of the court's decision, the approval sought by Fredon Industries Pty Limited was granted, allowing the company to proceed with the electrical system fit-out works for the specified project. The court's approval of the proposed agreement ensures that the project can progress in a manner that complies with the relevant legislation and promotes the overall objectives of the project.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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