Fredon Industries Pty Limited T/A Fredon Summary

[2018] FWCA 1254

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fredon Industries Pty Limited T/A Fredon

(AG2018/66)

FREDON INDUSTRIES PTY LTD SYDNEY ENTERPRISE AGREEMENT 2017

Electrical contracting industry
Deputy President Masson	MELBOURNE, 1 MARCH 2018

Application for approval of the Fredon Industries Pty Ltd Sydney Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Fredon Industries Pty Ltd Sydney Enterprise Agreement 2017 (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 Limited. The Agreement is a single enterprise agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2018. The nominal expiry date of the Agreement is 30 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Fredon Industries Pty Limited, trading as Fredon, which sought approval for the Fredon Industries Pty Ltd Sydney Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which was required to determine whether the agreement complied with the relevant industrial legislation. The dispute centred on several provisions of the agreement, including those related to employee classification, wages, and conditions of employment.

The legal issues before the Commission included whether the agreement properly defined the classification of employees, whether the wage rates and conditions provided for in the agreement met the minimum standards set by the Fair Work Act 2009, and whether the agreement contained any terms that were contrary to public policy or unenforceable under the law. The Commission also had to consider submissions from the parties and any relevant industrial instruments.

In its decision, the Commission carefully examined the provisions of the agreement in light of the applicable laws and relevant precedents. The Commission found that the classification of employees and the wage rates were generally in line with the minimum standards, and the conditions of employment were fair and reasonable. The Commission also concluded that none of the terms of the agreement were contrary to public policy or unenforceable. Therefore, the application for approval was granted. The Commission's approval of the agreement ensures that the terms and conditions of employment are legally compliant and binding on the parties.

Fredon Industries Pty Limited T/A Fredon

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established