idec Solutions Pty Ltd

[2014] FWCA 6573

FAIR WORK COMMISSION

DECISION

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

idec Solutions Pty Ltd
(AG2014/7373)

IDEC SOLUTIONS PTY LTD RIGGER & DOGGERS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 OCTOBER 2014

Application for approval of the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 September 2014 by idec Solutions Pty Ltd for the approval of a single-enterprise agreement known as the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2014(“the Agreement”).

[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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, idec Solutions Pty Ltd, sought approval for the Rigger & Doggers Enterprise Agreement 2014. The respondents were the Maritime Union of Australia and several employees covered by the proposed agreement. The application centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved verifying whether the agreement contained all the necessary provisions as stipulated by the Act, and whether it had been made in good faith and without coercion. The primary concern was ensuring the agreement met the mandatory terms and conditions and whether the process leading to the agreement's creation was fair and transparent.

The Commission examined the agreement clause by clause, assessing whether it complied with the mandated minimum entitlements and other legislative requirements. The Commission also considered the process of bargaining, including whether there had been genuine attempts to reach an agreement. Ultimately, the Commission found that the agreement met all legislative requirements and had been made in good faith, without any evidence of coercion. The Commission approved the Rigger & Doggers Enterprise Agreement 2014, confirming its validity and enforceability under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established