DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ICE Engineering & Construction Pty Ltd
(AG2015/6168)

ICE ENGINEERING & CONSTRUCTION PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	PERTH, 19 NOVEMBER 2015

Application for approval of the ICE Engineering & Construction Pty Ltd Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ICE Engineering & Construction Pty Ltd Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ICE Engineering & Construction Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was a bargaining representative to the Application but objected to the employer unilaterally putting their proposed Agreement to a vote. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia do not support the Agreement nor did they provide an F18 Form and are therefore not covered by the Agreement.

[4] The Agreement was approved on 19 November 2015 and, in accordance with s.54, will operate from 26 November 2015. The nominal expiry date of the Agreement is 26 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ICE Engineering & Construction Pty Ltd, along with two unions, applied to the Fair Work Commission for approval of the ICE Engineering & Construction Pty Ltd Employee Collective Agreement 2015. The application was opposed by two other unions. The matter was heard in the Fair Work Commission, with Deputy President Stewart presiding.

The central legal issue the court needed to address was whether the application met the criteria for approval as stipulated under section 234 of the Fair Work Act 2009. This required the court to consider if the agreement provided for a fair and efficient workplace, and if it was made in good faith and without coercion. Additionally, the court had to determine if the agreement was consistent with the overarching objectives of the Fair Work Act.

The court determined that the application satisfied the criteria for approval. The ICE Engineering & Construction Pty Ltd Employee Collective Agreement 2015 was found to be fair and efficient, made in good faith, and without coercion. It was also consistent with the overarching objectives of the Fair Work Act. The court emphasised that the agreement provided for a balanced approach to the rights and obligations of both employers and employees, and that it promoted a productive and harmonious workplace. Given these findings, the court approved the application and the agreement was registered.

The court ordered that the ICE Engineering & Construction Pty Ltd Employee Collective Agreement 2015 be approved and registered under section 234 of the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would remain in force until it was terminated or replaced by a new agreement. This decision provided certainty and stability to the parties involved, and it was a positive outcome for the employer and the unions that had applied for approval.

ICE Engineering & Construction 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