DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ian Jorgenson Electric & Data Pty Ltd T/A IJED Electric & Data
(AG2017/4642)

IJED ELECTRIC AND DATA PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JANUARY 2018

Application for approval of the IJED Electric and Data Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the IJED Electric and Data Pty Ltd Single Enterprise Agreement 2017(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ian Jorgenson Electric & Data Pty Ltd trading as IJED Electric & Data. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 was approved on 11 January 2018 and, in accordance with s.54, will operate from 18 January 2018. The nominal expiry date of the Agreement is 11 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Ian Jorgenson Electric & Data Pty Ltd trading as IJED Electric & Data, applied for the approval of the IJED Electric and Data Pty Ltd Single Enterprise Agreement 2017. The applicant and the respondent, the Electrical Trades Union of Australia, were unable to reach an agreement, leading to the Fair Work Commission. The Fair Work Commission was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009. The central legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act, including provisions related to minimum entitlements, the proper representation of the parties, and the agreement's overall fairness and compliance with the Act.

The court examined the agreement's provisions for minimum entitlements, noting that it provided for rates of pay and conditions that were no less favourable than those stipulated in the relevant award. The court also considered the representation of the parties, determining that the applicant had demonstrated adequate consultation with its employees and that the union had been given a reasonable opportunity to make submissions. The court further assessed whether the agreement was made in good faith and whether it was likely to achieve an improvement in the terms and conditions of employment. The court found that the agreement was made in good faith and provided for improvements in areas such as leave entitlements and flexibility in working arrangements.

After thorough examination, the court concluded that the agreement met the necessary criteria for approval under the Fair Work Act. The court found that the agreement provided for minimum entitlements no less favourable than the relevant award, was made in good faith, and was likely to achieve an improvement in the terms and conditions of employment. Consequently, the court approved the agreement and ordered its registration under the Fair Work Act. The agreement will now be binding on the applicant's employees who are covered by the agreement, and the terms and conditions outlined in the agreement will take precedence over the relevant award.

Ian Jorgenson Electric & Data Pty Ltd T/A IJED Electric & Data

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established