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
(AG2020/732)

I&C INSTRUMENTATION & ELECTRICAL PTY LTD ENTERPRISE AGREEMENT -2020 - 2023

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 31 MARCH 2020

Application for approval of the I&C Instrumentation & Electrical Pty Ltd Enterprise Agreement -2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the I&C Instrumentation & Electrical Pty Ltd Enterprise Agreement -2020 - 2023 (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 T/A I&C Instrumentation & Electrical Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Electrical Trades Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2020. The nominal expiry date of the Agreement is 30 April 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were I&C Instrumentation & Electrical Pty Ltd, trading as I&C Instrumentation & Electrical Pty Ltd, and the Australian Manufacturing Workers' Union. The dispute was about whether the Fair Work Commission (FWC) should approve an enterprise agreement between the employer and the union. The FWC was the court responsible for making the decision. The legal issues the court had to decide included whether the agreement complied with the Fair Work Act 2009, whether it was made in good faith, and whether it was in the best interests of the employees.

The court examined the provisions of the proposed agreement and considered whether it met the requirements of the Fair Work Act. The court also evaluated if the agreement was made in good faith and if it would benefit the employees. The court found that the agreement was fair and reasonable, and it met the necessary criteria under the Act. The court concluded that the agreement was in the best interests of the employees and approved it. The union and the employer had negotiated the agreement in good faith, and it provided for fair and reasonable terms and conditions of employment.

The FWC approved the I&C Instrumentation & Electrical Pty Ltd Enterprise Agreement -2020 - 2023, finding that it complied with the Fair Work Act and was made in good faith. The agreement was deemed to be in the best interests of the employees and was therefore approved. The court considered the arguments and evidence presented by both parties and made its decision based on the legal framework provided by the Fair Work Act. The final orders of the court were that the enterprise agreement be approved as it was fair, reasonable, and in the best interests of the employees. The agreement would now be binding on the employer, the union, and the employees covered by it for the specified period.

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