Illawarra Industrial Intrumentation Pty Ltd Summary

[2013] FWCA 6556

FAIR WORK COMMISSION

DECISION

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

Illawarra Industrial Intrumentation Pty Ltd
(AG2013/8451)

ILLAWARRA INDUSTRIAL INSTRUMENTATION PTY LTD ELECTRICAL SITE SERVICES ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 4 SEPTEMBER 2013

Application for approval of the Illawarra Industrial Instrumentation Pty Ltd Electrical Site Services Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Illawarra Industrial Instrumentation Pty Ltd Electrical Site Services Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Illawarra Industrial Instrumentation Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Illawarra Industrial Instrumentation Pty Ltd, sought approval for the Electrical Site Services Enterprise Agreement 2013-2016. The application was brought before the Fair Work Commission. The applicant argued that the proposed agreement was appropriate for the workforce and should be approved. The main issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the 'better off overall test' and if it provided for minimum terms and conditions in line with the National Employment Standards.

The Commission examined the proposed agreement in detail, considering the bargaining positions of the parties, the economic context, and the provisions of the agreement. The Commission noted that the agreement provided for fair wages and conditions and was considered to be a genuine agreement reached through good faith bargaining. The Commission found that the agreement met the 'better off overall test' as it provided for a reasonable balance of benefits and detriments for the employees. Additionally, the agreement included minimum terms and conditions that complied with the National Employment Standards.

Consequently, the Commission approved the application for the Electrical Site Services Enterprise Agreement 2013-2016. The approval of the agreement signifies that it will now form the basis for the terms and conditions of employment for the relevant workforce during the period of its operation. The decision reinforces the importance of good faith bargaining and the role of the Commission in ensuring that enterprise agreements meet the statutory requirements set out in the Fair Work Act 2009.

Illawarra Industrial Intrumentation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established