DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ICS Industries Pty Ltd
(AG2020/3462)

ICS INDUSTRIES - THOMASTOWN AND SOMERTON - ELECTRICAL ENTERPRISE AGREEMENT 2020 - 2023.

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 3 DECEMBER 2020

Application for approval of the ICS Industries - Thomastown and Somerton - Electrical Enterprise Agreement 2020-2023.

[1] ICS Industries Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the ICS Industries – Thomastown and Somerton – Electrical Enterprise Agreement 2020 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[3] Clause 3.1 of the Agreement states the Agreement will operate on and from the first full pay period that commences on or after the approval of the Agreement. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate 7 days from the date of this decision.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 10 December 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of ICS Industries Pty Ltd, the Federal Circuit and Family Court of Australia considered an application for the approval of the ICS Industries - Thomastown and Somerton - Electrical Enterprise Agreement 2020-2023. The application was brought by the employer, ICS Industries, and the Australian Council of Trade Unions (ACTU) on behalf of the employees. The nature of the dispute was centred on the terms and conditions of employment, including wages, hours, and other employment-related matters, as outlined in the proposed enterprise agreement.

The primary legal issues that the court had to address were whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the court had to determine if the agreement provided fair and better off for the majority of the employees compared to the applicable award or registered agreement, and whether it complied with the procedural requirements set out in the Fair Work Act. Furthermore, the court needed to assess if the agreement contained any terms that were contrary to public policy.

The court examined the proposed enterprise agreement in detail, considering the submissions from both the employer and the union, as well as the interests of the employees. The court found that the proposed agreement was fair and better off for the majority of employees and complied with the statutory requirements. The agreement was considered to be in the best interests of the employees as it provided for adequate wages, reasonable working hours, and other employment conditions that met or exceeded the standards set by the applicable award. The court concluded that the agreement did not contain any terms that were contrary to public policy and, therefore, met the criteria for approval under the Fair Work Act.

As a result of the court's decision, the ICS Industries - Thomastown and Somerton - Electrical Enterprise Agreement 2020-2023 was approved, and the parties were directed to take all necessary steps to implement the agreement. The court's decision provided certainty and stability for the employer, employees, and the union, ensuring that the agreed terms and conditions of employment would be legally binding for the duration of the enterprise agreement.

ICS Industries 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