IEE Services Pty Ltd

[2014] FWCA 2354

FAIR WORK COMMISSION

DECISION

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

IEE Services Pty Ltd
(AG2014/4075)

IEE SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 APRIL 2014

Application for approval of the IEE Services Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the IEE Services Pty Ltd Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 April 2014. The nominal expiry date of the Agreement is15 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved IEE Services Pty Ltd, an applicant seeking approval of a Single Enterprise Agreement (2013). The dispute centred on the fairness and appropriateness of the proposed agreement as a modern award. The Fair Work Commission was the tribunal tasked with deciding the matter.

The primary legal issues before the Commission were whether the proposed agreement met the criteria of being a 'modern award' under the Fair Work Act 2009. This required the Commission to assess if the agreement contained minimum terms and conditions of employment that were not less favourable than the relevant award or registered agreement. The Commission also needed to determine if the agreement complied with the 'better off overall test', ensuring that employees were not worse off financially under the agreement compared to their current conditions.

The Fair Work Commission deliberated on the fairness of the proposed agreement, examining the terms and conditions, wage rates, and other employment provisions. The Commission considered submissions from both IEE Services Pty Ltd and employee representatives. It found that the agreement met the requirements of being a modern award and passed the better off overall test. Consequently, the Commission approved the agreement, recognising it as a modern award and binding all employees of IEE Services Pty Ltd under its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established