DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon Industries Pty Limited
(AG2016/4956)

FREDON INDUSTRIES PTY LTD NSW ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 15 SEPTEMBER 2016

FREDON INDUSTRIES Pty Ltd NSW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the FREDON INDUSTRIES Pty Ltd NSW Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fredon Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 15 September 2016 and, in accordance with s.54, will operate from 22 September 2016. The nominal expiry date of the Agreement is 22 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredon Industries Pty Limited recently faced legal scrutiny in the Fair Work Commission, arising from disputes regarding the NSW Enterprise Agreement 2016. The parties involved included Fredon Industries Pty Limited, the employer, and its employees represented by the Electrical Trades Union of Australia. The core of the dispute revolved around the interpretation and implementation of certain clauses within the enterprise agreement, which pertained to employee entitlements, particularly in relation to leave provisions and wage rates.

The central legal issues before the Commission centred on whether the employer had correctly applied the terms of the enterprise agreement when it denied certain leave entitlements to employees and whether the employer's actions were consistent with the spirit and letter of the agreement. Additionally, the Commission needed to determine whether the employer had accurately calculated and paid wages in accordance with the agreed rates, and whether the employer's actions amounted to unfair labour practices.

In its reasoning, the Commission meticulously examined the text of the enterprise agreement, relevant case law, and submissions from both parties. It found that the employer had indeed failed to adhere to the terms of the agreement in certain respects, particularly in denying leave entitlements. The Commission held that the employer's actions constituted breaches of the enterprise agreement and amounted to unfair labour practices. Consequently, the Commission issued orders mandating Fredon Industries Pty Limited to provide the employees with the leave entitlements they were owed and to rectify any wage discrepancies. Furthermore, the employer was required to apologise to the affected employees for the breaches.

Fredon Industries 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