DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon Industries Pty Ltd T/A Fredon
(AG2016/4384)

FREDON INDUSTRIES PTY LTD ILLAWARRA ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Fredon Industries Pty Ltd Illawarra Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fredon Industries Pty Ltd Illawarra 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredon Industries Pty Ltd, trading as Fredon, applied to the Fair Work Commission for approval of the Illawarra Enterprise Agreement 2016. The application involved the terms and conditions of employment for the employees of Fredon Industries. The dispute centred on the procedural fairness and compliance of the agreement with the Fair Work Act 2009. The Fair Work Commission was the court that reviewed the application.

The primary legal issues that the commission had to determine were whether the enterprise agreement had been genuinely bargained for, whether the agreement met the requirements of procedural fairness, and whether it complied with the provisions of the Fair Work Act. Specifically, the commission examined whether the agreement was made without undue influence, coercion, or any other form of unfair labour practice, and if the employees had been adequately informed and consulted about the terms of the agreement.

The commission found that the agreement had been genuinely bargained for and that there was no evidence of undue influence, coercion, or unfair labour practices. The commission also determined that the procedural fairness was upheld as the employees had been given a reasonable opportunity to discuss and understand the terms of the agreement. Furthermore, the agreement was found to comply with the requirements of the Fair Work Act. As a result, the commission approved the enterprise agreement.

The final orders of the commission were to approve the Illawarra Enterprise Agreement 2016, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees of Fredon Industries. The decision was made on the basis of the evidence presented and the findings of fact by the commission.

Fredon Industries Pty Ltd T/A Fredon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established