DECISION

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

Idec Solutions Pty Ltd T/A Idec Solutions
(AG2020/2239)

IDEC SOLUTIONS PTY LTD BOILERMAKERS & WELDERS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 9 SEPTEMBER 2020

Application for approval of the Idec Solutions Pty Ltd Boilermakers & Welders Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Idec Solutions Pty Ltd Boilermakers & Welders Enterprise Agreement 2020 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Idec Solutions Pty Ltd trading as Idec Solutions, applied to the Fair Work Commission for the approval of the Boilermakers & Welders Enterprise Agreement 2020. The dispute centred around the procedural fairness of the agreement and whether it met the requirements set out in the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was made in good faith, whether it was properly negotiated, and whether it complied with the relevant provisions of the Act.

The primary legal issues before the Commission were whether the applicant had taken all reasonably practicable steps to ensure that the agreement was made in good faith, whether the agreement was negotiated fairly and in good faith, and whether the agreement was consistent with the provisions of the Fair Work Act. The applicant argued that all necessary steps were taken to ensure the agreement was made in good faith and that the agreement was the result of proper negotiation. The Commission considered the evidence provided by both parties and the relevant legal framework in making its decision.

The Fair Work Commission found that the applicant had taken all reasonably practicable steps to ensure the agreement was made in good faith and that the agreement was negotiated fairly. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and was consistent with its provisions. As a result, the Commission approved the Boilermakers & Welders Enterprise Agreement 2020. The applicant was ordered to provide a copy of the approved agreement to the Registrar within 14 days of the decision.

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