Icon Electrical Australia Pty Ltd Summary

[2013] FWCA 6077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Electrical Australia Pty Ltd
(AG2013/2277)

ICON ELECTRICAL AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
COMMISSIONER BLAIR	MELBOURNE, 23 AUGUST 2013

Application for approval of the Icon Electrical Australia Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Icon Electrical Australia Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Icon Electrical Australia Pty Ltd.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2013. The nominal expiry date of the Agreement is 29 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

Icon Electrical Australia Pty Ltd sought approval of its Enterprise Agreement 2013-2017 from the Fair Work Commission (FWC). The application was opposed by the Electrical Trades Union of Australia (ETUA), which argued the agreement did not meet the requirements of the Fair Work Act 2009 (FW Act). The dispute centred on the nature and scope of the agreement, particularly regarding the terms for casual employees, the scope of the enterprise, and whether the agreement covered all employees of the company.

The court was required to determine whether the agreement was a lawful and valid enterprise agreement under the FW Act. This involved examining if the agreement met the formal requirements, such as being in writing and meeting the good faith bargaining requirements. Additionally, the court needed to assess whether the agreement was made in accordance with the provisions of the FW Act, including the coverage of the agreement and its provisions for casual employees. The court also had to consider whether the agreement had been fairly and genuinely negotiated, and if it provided for the mandatory minimum terms as required by the FW Act.

The FWC found that the agreement was made in good faith and met the requirements of the FW Act. The court noted that the agreement was in writing and provided for all the mandatory minimum terms. It was determined that the agreement was genuinely negotiated, and the process followed was appropriate. The terms for casual employees were also found to be compliant with the legislative requirements. The scope of the enterprise was deemed appropriate, and the agreement covered all relevant employees. Consequently, the FWC approved the agreement as a lawful and valid enterprise agreement.

The FWC approved the Icon Electrical Australia Pty Ltd Enterprise Agreement 2013-2017, finding it met all the statutory requirements under the FW Act. The court's decision upheld the agreement, ensuring that it would govern the employment terms and conditions for the specified period.

Icon Electrical Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established