DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ian Jorgenson Electric & Data Pty Limited
(AG2021/6834)

IAN JORGENSON ELECTRIC AND DATA PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 SEPTEMBER 2021

Application for approval of the Ian Jorgenson Electric and Data Pty Limited Single Enterprise Agreement 2021.

[1] Ian Jorgenson Electric & Data Pty Limited has made an application for approval of an enterprise agreement known as the Ian Jorgenson Electric and Data Pty Limited Single Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Agreement was approved on 6 September 2021 and, in accordance with s 54, will operate from 13 September 2021. The nominal expiry date of the Agreement is 6 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ian Jorgenson Electric & Data Pty Limited applied for the approval of their Single Enterprise Agreement 2021. The dispute centred around the terms and conditions proposed in the agreement for employees within the company. The Fair Work Commission was tasked with examining whether the agreement complied with the relevant industrial relations legislation.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms, if it allowed for genuine bargaining, and if the process followed to develop the agreement was transparent and fair. Additionally, the Commission had to consider whether the agreement adequately protected the rights of employees and employers, including the right to freedom of association.

The Commission found that the proposed agreement met the necessary criteria for approval. It determined that the agreement provided for fair and reasonable terms and conditions of employment, and that the process followed was transparent and genuine. The Commission also noted that the agreement provided adequate protections for the rights of both employees and employers, including the right to freedom of association. Consequently, the Commission approved the Single Enterprise Agreement 2021.

The Commission's decision included the approval of the Single Enterprise Agreement 2021, which will now apply to the employees of Ian Jorgenson Electric & Data Pty Limited. The agreement sets out the terms and conditions of employment for these employees, including matters such as wages, hours of work, leave entitlements, and dispute resolution processes.

Ian Jorgenson Electric & Data Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established