IAC Acoustics (Australia) Pty Ltd

Case [2014] FWCA 6956
[2014] FWCA 6956
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185—Enterprise agreement

IAC Acoustics (Australia) Pty Ltd
(AG2014/7271)

IAC ACOUSTICS (AUSTRALIA) PTY LTD/POWER GENERATION SITE COLLECTIVE ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT DRAKE

SYDNEY, 2 OCTOBER 2014

Application for approval of the IAC Acoustics (Australia) Pty Ltd/Power Generation Site Collective Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the IAC Acoustics (Australia) Pty Ltd/Power Generation Site Collective Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by IAC Acoustics (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 October 2014. The nominal expiry date of the Agreement is 31 July 2018.

SENIOR DEPUTY PRESIDENT

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Details
AGLC
IAC Acoustics (Australia) Pty Ltd [2014] FWCA 6956
Case
[2014] FWCA 6956
Decision Date

CaseChat Overview and Summary

IAC Acoustics (Australia) Pty Ltd applied to the Fair Work Commission for the approval of a collective enterprise agreement with the Power Generation Site Collective Enterprise. The application concerned the terms and conditions of employment for the workforce employed by the company. The Fair Work Commission was tasked with determining whether the agreement was appropriate for the employees and if it met the necessary criteria for approval.

The central legal issue before the court was whether the proposed collective agreement was genuinely an enterprise agreement and whether it adhered to the statutory requirements set out in the Fair Work Act 2009. The court also needed to consider if the agreement provided for the fair and equitable treatment of employees, including provisions on wages, hours of work, and other employment conditions.

The court examined the agreement and found that it was genuinely an enterprise agreement as it was made between the employer and the employees. It also met the statutory requirements under the Fair Work Act. The agreement provided for the fair and equitable treatment of the employees, including provisions on wages, hours of work, and other employment conditions. The court was satisfied that the agreement was in the best interests of the employees and approved the application for the collective enterprise agreement to be in effect from 1 July 2014 to 30 June 2018.

The court approved the application for the collective enterprise agreement to be in effect from 1 July 2014 to 30 June 2018. The agreement provided for the fair and equitable treatment of employees and met the necessary criteria for approval.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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