DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I.C. Energy Pty Ltd
(AG2015/4406)

I.C. ENERGY PTY LTD ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2015

Application for approval of the I.C. Energy Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the I.C. Energy Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by I.C. Energy 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of I.C. Energy Pty Ltd, the Fair Work Commission was called upon to decide on the approval of the I.C. Energy Pty Ltd Enterprise Agreement 2015. The applicant, I.C. Energy Pty Ltd, sought the Commission's approval for the proposed agreement, which was intended to cover its employees. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its provisions regarding employee entitlements, conditions of employment, and dispute resolution mechanisms.

The central legal issues before the Commission were whether the agreement adequately addressed the minimum entitlements required under the Fair Work Act, and whether it provided a fair and reasonable framework for resolving disputes between the parties. Additionally, the Commission had to consider whether the agreement included appropriate mechanisms for ensuring that employees were informed about their rights and obligations under the agreement. The Commission's decision hinged on its assessment of whether the agreement met the statutory requirements for approval, including whether it provided for the minimum terms and conditions set out in the Fair Work Act, and whether it facilitated a fair process for resolving any disputes that might arise.

In reaching its decision, the Commission carefully reviewed the provisions of the agreement and considered submissions from both I.C. Energy Pty Ltd and the relevant employee representatives. The Commission found that the agreement generally complied with the statutory requirements, providing for the minimum terms and conditions as required by the Fair Work Act. The Commission also determined that the dispute resolution mechanisms in the agreement were adequate and provided a fair process for resolving any disputes that might arise. Consequently, the Commission approved the I.C. Energy Pty Ltd Enterprise Agreement 2015, subject to the terms and conditions specified in the approval order.

The Fair Work Commission's final order approved the I.C. Energy Pty Ltd Enterprise Agreement 2015, effective from the date of the order. The Commission's approval was subject to certain conditions, including the requirement that the agreement be made available to all employees and that any changes to the agreement be communicated to the relevant employee representatives. The decision reinforces the importance of ensuring that enterprise agreements comply with the statutory framework established by the Fair Work Act, while also providing a fair and reasonable process for resolving disputes between employers and employees.

I.C. Energy 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