Fredon Industries Pty Limited Summary

[2023] FWCA 1740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fredon Industries Pty Limited

(AG2023/1748)

APPLICATION FOR APPROVAL OF THE FREDON INDUSTRIES PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 15 JUNE 2023

Application for approval of the Fredon Industries Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the FREDON INDUSTRIES PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025 (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 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2023. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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CaseChat Overview and Summary

Fredon Industries Pty Limited applied for the approval of the Fredon Industries Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025. The application was brought before the Fair Work Commission by the company and the union, which sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The application involved various aspects of the proposed agreement, including the classification of employees, wage rates, and conditions of employment.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission also considered if the agreement adequately covered the scope of the bargaining, and if it provided for a fair and efficient bargaining process.

The Commission found that the agreement met the requirements of the Fair Work Act and the Fair Work Regulations. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission also found that the agreement adequately covered the scope of the bargaining, and that it provided for a fair and efficient bargaining process. The Commission approved the agreement, finding it to be in the best interests of the employees and employers involved.

The Commission ordered the registration of the Fredon Industries Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 as a registered agreement under the Fair Work Act 2009. The agreement is now in effect and will govern the employment terms and conditions of the employees covered by the agreement for the period of 2022-2025.

Fredon Industries Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established