idec Solutions Pty Ltd T/A idec Solutions

[2018] FWCA 7699

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

idec Solutions Pty Ltd T/A idec Solutions

(AG2018/4579)

idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2018

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 19 DECEMBER 2018

Application for approval of the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Idec Solutions Pty Ltd T/A idec Solutions. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190 of the Act. 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2018. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of idec Solutions Pty Ltd trading as idec Solutions, an application was brought before the Fair Work Commission for approval of the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2018. The application arose from a dispute between the employer and the Maritime Union of Australia regarding the terms and conditions of employment for riggers and doggers within the company. The primary contention was whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately balanced the interests of the employees and the employer.

The central legal issues before the Commission were the validity and fairness of the proposed enterprise agreement. The Commission had to determine if the agreement met the statutory prerequisites for approval, including whether it provided for minimum terms and conditions, whether it was free from prohibited content, and whether it had been made in good faith. Additionally, the Commission assessed whether the agreement achieved a proper balance between the interests of the employer and the employees, particularly in light of the specific working conditions and duties associated with the roles of riggers and doggers.

The Fair Work Commission found that the proposed enterprise agreement was compliant with the relevant statutory provisions and met the requirements for approval. The Commission noted that the agreement contained provisions that addressed the unique working conditions and risks inherent in the roles of riggers and doggers. It also found that the agreement had been made in good faith and provided for terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement appropriately balanced the interests of both the employer and the employees, taking into account the specific nature of the work and the need to ensure safety and efficiency in operations.

Consequently, the Fair Work Commission approved the idec Solutions Pty Ltd Rigger & Doggers Enterprise Agreement 2018, effective from the date specified in the agreement. The approval was granted on the condition that the agreement be registered with the Fair Work Commission and that any subsequent variations to the agreement would also need to be approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established