DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IDD Electrical Pty Ltd
(AG2017/233)

IDDE ELECTRICAL PTY LTD-ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2017

Application for approval of the IDDE Electrical Pty Ltd-Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the IDDE Electrical Pty Ltd-Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IDD Electrical Pty Ltd. 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 15 March 2017 and, in accordance with s.54, will operate from 22 March 2017. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved IDD Electrical Pty Ltd, the applicant, and the Australian Building and Construction Commission, the respondent. The application was for approval of the IDDE Electrical Pty Ltd-Enterprise Agreement 2016. The case was heard in the Fair Work Commission.

The central legal issue before the commission was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of minimum entitlements and the process for entering into the agreement. The commission had to determine if the agreement met the requirements for an enterprise agreement under the act, including whether it was certified as a simple or greenfields agreement and whether it provided for minimum rates of pay, penalties, and other conditions of employment.

The commission examined the process by which the agreement was made, including whether it was genuinely negotiated between the employer and the employees. The commission also considered whether the agreement provided for minimum rates of pay and other employment conditions in accordance with the act. After reviewing the evidence and submissions, the commission found that the agreement was genuinely negotiated and met the requirements of the act. The commission approved the enterprise agreement, noting that it provided for minimum rates of pay and other employment conditions that were consistent with the provisions of the act.

The commission made orders approving the IDDE Electrical Pty Ltd-Enterprise Agreement 2016, subject to certain conditions. These conditions included the requirement that any changes to the agreement be made in accordance with the act and that the agreement be registered with the Fair Work Commission. The applicant was also required to provide a copy of the approved agreement to the Fair Work Ombudsman. The respondent was given the right to appeal the commission's decision within 21 days of the date of the decision.

IDD Electrical 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