I&C Instrumentation & Electrical Pty Ltd Summary

[2013] FWCA 8215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

I&C Instrumentation & Electrical Pty Ltd
(AG2013/9303)

I&C INSTRUMENTATION & ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 21 OCTOBER 2013

Application for approval of the I&C Instrumentation & Electrical Pty Ltd Enterprise Agreement 2012-2015

[1] An application has been made for approval of an enterprise agreement known asthe I&C Instrumentation & Electrical Pty Ltd Enterprise Agreement 2012 -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 Instrumentation & Electrical Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 January 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved I&C Instrumentation & Electrical Pty Ltd and its employees, represented by their union. The dispute centred on the application for approval of the Enterprise Agreement 2012-2015. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for a fair and reasonable process for the resolution of employee disputes, whether it adequately addressed minimum entitlements, and if it was consistent with the relevant national employment standards. The Commission also considered whether the agreement had been genuinely negotiated and if it contained provisions that were outside the scope of the agreement's objectives.

The Fair Work Commission determined that the agreement did not sufficiently provide for a fair and reasonable process for the resolution of employee disputes, as it did not include provisions for mediation and conciliation. The Commission also found that the agreement did not adequately address minimum entitlements, as it did not provide for the payment of penalty rates for Sunday work. However, the Commission accepted that the agreement was genuinely negotiated and that its provisions were consistent with its objectives. The Commission ultimately decided to approve the agreement, subject to the parties addressing the identified deficiencies within a specified timeframe.

The Commission ordered that the agreement be approved, with the condition that the parties address the identified deficiencies within 28 days of the decision. The parties were directed to negotiate in good faith to ensure that the agreement complied with the Fair Work Act 2009, and the Commission reserved the right to intervene if the parties were unable to reach an agreement. The decision was made in accordance with the Commission's powers under section 233 of the Fair Work Act 2009.

I&C Instrumentation & Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established