DECISION

Fair Work Act 2009
s.185—Enterprise agreement

idec Solutions Pty Ltd T/A idec Solutions
(AG2017/3042)

IDEC SOLUTIONS PTY LTD BOILERMAKERS & WELDERS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 NOVEMBER 2017

Application for approval of the idec solutions Pty Ltd Boilermakers & Welders Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the idec solutions Pty Ltd Boilermakers & Welders Enterprise Agreement 2017 (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.

[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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 8 November 2017 and, in accordance with s.54, will operate from 15 November 2017. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

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, the Fair Work Commission was asked to determine the approval of the Boilermakers & Welders Enterprise Agreement 2017. The dispute arose between the employer and the union representing the employees, the Boilermakers & Welders Union. The primary concern was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and other related legislation. The Fair Work Commission, led by Commissioner Ryan, was tasked with assessing the agreement's fairness and compliance.

The legal issues before the court centred on whether the agreement met the requirements of the Fair Work Act, including provisions regarding minimum entitlements, the bargaining process, and the nature of the agreement itself. The court also needed to consider if the agreement provided for genuine enterprise bargaining and whether it was appropriately tailored to the specific industry and workforce involved. Additionally, the court had to examine whether the agreement's terms and conditions were fair and reasonable, taking into account the economic circumstances and the need for a balanced approach between the parties' interests.

After reviewing the submissions and evidence provided by both the employer and the union, the court found that the agreement was generally fair and reasonable. The court determined that the agreement complied with the necessary legal requirements and provided for genuine enterprise bargaining. The terms and conditions were deemed to be fair, balancing the interests of both the employer and the employees. Consequently, the court approved the agreement, acknowledging that it met the statutory criteria and was suitable for the specific industry and workforce.

idec Solutions Pty Ltd T/A idec Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established