DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon Industries Pty Ltd
(AG2020/2805)

FREDON INDUSTRIES PTY LTD ILLAWARRA ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 19 OCTOBER 2020

Application for approval of the FREDON INDUSTRIES Pty Ltd Illawarra Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the FREDON INDUSTRIES Pty Ltd Illawarra Enterprise Agreement 2020 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] On 12 October 2020, the Applicant filed an amended Agreement signature page providing the addresses of the signatories and an amended Schedule C correcting a cross-referencing error. I am satisfied that the correction to the signature page and Schedule C should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 26 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fredon Industries Pty Ltd sought approval for the Illawarra Enterprise Agreement 2020 from the Fair Work Commission. The enterprise agreement sought to regulate various aspects of employment, including wages, conditions, and dispute resolution mechanisms, for employees within the company. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about the fairness and effectiveness of the proposed agreement.

The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement had been made in good faith and without coercion. The Commission also considered whether the agreement contained appropriate dispute resolution provisions and whether it had been properly negotiated.

In its decision, the Fair Work Commission found that the proposed agreement contained fair and reasonable terms and conditions for employees. The Commission noted that the agreement had been negotiated in good faith and without coercion, and that it included appropriate dispute resolution mechanisms. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act 2009, and accordingly approved the Illawarra Enterprise Agreement 2020. The Commission made an order approving the agreement, which will now apply to employees covered by the agreement.

Fredon Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established