[2015] FWCA 196

The attached document replaces the document previously issued with the above code on 9 January 2015.

The last sentence in [1] should read “The agreement is a single-enterprise agreement.”

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 9 January 2015

[2015] FWCA 196

FAIR WORK COMMISSION

DECISION

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

Ikon Electrical Pty Ltd
(AG2014/10808)

IKON ELECTRICAL ENTERPRISE BARGAINING AGREEMENT - 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 JANUARY 2015

Application for approval of the Ikon Electrical Enterprise Bargaining Agreement - 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ikon Electrical Enterprise Bargaining Agreement - 2014-2018 (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 16 January 2015. The nominal expiry date of the Agreement is 16 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ikon Electrical Pty Ltd applied for the approval of the Ikon Electrical Enterprise Bargaining Agreement for the period 2014-2018. The applicant, Ikon Electrical Pty Ltd, is an employer in the electrical industry, while the respondents include various trade unions representing employees within the industry. The dispute centred on whether the proposed enterprise bargaining agreement adequately addressed the terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission were primarily concerned with whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for "better off overall" and "no disadvantage" tests. The Commission needed to determine if the proposed agreement met the necessary standards for approval, particularly in terms of the benefits it provided to the employees relative to existing conditions and any potential disadvantages that might arise from its implementation.

The Fair Work Commission carefully examined the proposed agreement against the statutory criteria. It assessed whether the agreement provided employees with a better overall position in terms of wages, conditions, and other benefits when compared to the applicable award or previous agreements. The Commission also evaluated the potential impact of the agreement on employees' rights and entitlements, ensuring that no employee would be worse off as a result of the new agreement. Ultimately, the Commission found that the proposed agreement met the necessary statutory requirements and approved it, noting that it provided a better overall position for the employees and did not result in any disadvantage.

The final orders of the Commission included the approval of the Ikon Electrical Enterprise Bargaining Agreement for the period 2014-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions outlined within it would govern the employment relationship between Ikon Electrical Pty Ltd and its employees for the specified period.

Ikon Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established