DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ICE Engineering & Construction Pty Ltd
(AG2019/1478)

ICE ENGINEERING & CONSTRUCTION PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 JUNE 2019

Application for approval of the ICE Engineering & Construction Pty Ltd Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ICE Engineering & Construction Pty Ltd Employee Collective Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ICE Engineering & Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 20 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ICE Engineering & Construction Pty Ltd applied for approval of the ICE Engineering & Construction Pty Ltd Employee Collective Agreement 2018, which was submitted to the Fair Work Commission. The agreement sought to regulate the terms and conditions of employment for the employees of ICE Engineering & Construction Pty Ltd. The application was contested by the Australian Manufacturing Workers' Union, which argued that the agreement did not comply with certain provisions of the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the collective agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the union contested the agreement on the basis that it failed to meet the 'better off overall test', as required by section 187 of the Act. The union argued that the proposed changes to the employees' terms and conditions of employment would result in a detriment to the employees, contrary to the requirements of the Act.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the collective agreement. The Commission found that the agreement did indeed meet the 'better off overall test', as it provided for improved terms and conditions for the employees, including increased pay rates, leave entitlements, and other benefits. The Commission was satisfied that the proposed changes would result in a net benefit to the employees, and therefore approved the application for the collective agreement to be registered. The union's objections were dismissed.

The Fair Work Commission approved the ICE Engineering & Construction Pty Ltd Employee Collective Agreement 2018 and registered it under the Fair Work Act 2009. The union's objections were dismissed, and the agreement is now legally binding on the parties.

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