DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I&E 2025 Pty Ltd
(AG2018/2990)

I&E 2025 PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the I&E 2025 Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the I&E 2025 Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by I&E 2025 Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2018. The nominal expiry date of the Agreement is 15 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

I&E 2025 Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement covering the period 2018 to 2022. The application was opposed by the Australian Services Union. The dispute was heard by the Commission in Melbourne, presided over by Deputy President M.A. McEvoy.

The central legal issue was whether the agreement contained provisions that were contrary to the public interest, as defined by section 233 of the Fair Work Act 2009. Specifically, the opposition focused on the 'No-Union' clause, which prohibited union membership among employees. The opposition argued that such a clause was contrary to the public interest because it undermined the right to freedom of association, a fundamental human right. The applicant, on the other hand, argued that the clause was necessary to maintain a harmonious and productive workplace, and that it was consistent with the objectives of the Fair Work Act.

The Commission found that the 'No-Union' clause was contrary to the public interest, as it interfered with employees' right to freedom of association. The Commission noted that the right to freedom of association is recognised in international human rights instruments to which Australia is a party, and that this right is a fundamental principle of Australian law. The Commission held that the clause was not necessary to achieve a legitimate workplace objective, and that it imposed an undue burden on employees' rights. Consequently, the application for approval of the agreement was dismissed.

No further orders were made by the Commission.

I&E 2025 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