IKAD Engineering Pty Ltd Summary

[2014] FWCA 2540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IKAD Engineering Pty Ltd
(AG2014/3983)

IKAD ENGINEERING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 APRIL 2014

Application for approval of the IKAD Engineering Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the IKAD Engineering Enterprise Agreement 2014 (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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, IKAD Engineering Pty Ltd, sought approval of the IKAD Engineering Enterprise Agreement 2014. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), objected to the application on the basis that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009. Specifically, the CFMEU argued that the agreement failed to provide for adequate protections for employees and that it contained provisions that were not in the best interests of the employees.

The legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act and whether it provided for adequate protections for employees. The Commission noted that section 230 of the Act requires that an enterprise agreement must provide for the terms and conditions of employment of the employees to which it applies and that it must not discriminate against employees in a way that is not authorised by the Act. The Commission also noted that the agreement must provide for adequate protections for employees and that it must not contain provisions that are not in the best interests of the employees.

The Commission found that the agreement met the requirements of section 230 of the Act and that it provided for adequate protections for employees. The Commission noted that the agreement contained provisions that were in the best interests of the employees and that it did not contain any provisions that were discriminatory or that failed to provide for adequate protections. The Commission also noted that the agreement provided for a fair and reasonable process for the resolution of disputes between the employer and employees. The Commission approved the agreement and made orders accordingly.

The orders of the Commission included the approval of the IKAD Engineering Enterprise Agreement 2014, subject to certain conditions. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be published on the Commission's website. The Commission further ordered that the agreement be brought to the attention of all employees to whom it applied and that they be given an opportunity to make submissions on the agreement. The Commission also ordered that the agreement be monitored to ensure that it was being complied with and that any breaches of the agreement be reported to the Commission.

IKAD Engineering Pty Ltd

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