I&C Instrumentation & Electrical Pty Ltd T/A I&C Instrumentation & Electrical Pty Ltd

[2023] FWCA 1034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

I&C Instrumentation & Electrical Pty Ltd T/A I&C Instrumentation & Electrical Pty Ltd

(AG2023/799)

I&C INSTRUMENTATION & ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 APRIL 2023

Application for approval of the I&C Instrumentation & Electrical Pty Ltd Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the I&C Instrumentation & Electrical Pty Ltd Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applicant. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 11 April 2023 and, in accordance with s 54, will operate from 18 April 2023. The nominal expiry date of the Agreement is 1 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, I&C Instrumentation & Electrical Pty Ltd T/A I&C Instrumentation & Electrical Pty Ltd sought approval of an Enterprise Agreement. The matter was heard by Commissioner McDonald, who was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute centred on several provisions of the agreement, including those related to wages, hours of work, and redundancy entitlements.

The primary legal issue was whether the agreement contained all the required terms and conditions, was made in good faith, and complied with the provisions of the Act. Specifically, the Commissioner needed to consider whether the agreement provided for appropriate minimum rates of pay and reasonable notice periods for redundancy. Additionally, the Commissioner had to assess whether the agreement was made without coercion and if it met the 'better off overall test' for employees.

Commissioner McDonald found that the agreement did meet the requirements of the Act. The agreement provided for adequate minimum wage rates and included provisions for reasonable notice periods in redundancy situations. The Commissioner was satisfied that the agreement was made in good faith and met the 'better off overall test'. As a result, the application for approval was successful.

The Commission approved the Enterprise Agreement, which will now be binding on the employer and the employees covered by the agreement. The agreement is set to operate from 1 July 2023 and will remain in effect until 30 June 2026. The decision confirms the validity of the agreement and sets out the terms and conditions that will govern the employment relationship between the parties during the agreement's term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established