Image EFX Pty Ltd

[2014] FWCA 6485

FAIR WORK COMMISSION

DECISION

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

Image EFX Pty Ltd
(AG2014/8886)

IMAGE EFX PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 SEPTEMBER 2014

Application for approval of the Image EFX Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Image EFX Pty Ltd Single 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 23 September 2014. The nominal expiry date of the Agreement is 22 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Image EFX Pty Ltd was the applicant seeking approval of the Image EFX Pty Ltd Single Enterprise Agreement 2014. The Fair Work Commission (FWC) was the body before which the application was made. The dispute arose from a disagreement between the applicant and the employees as to the terms of the proposed agreement. The FWC was required to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the FFW was whether the proposed agreement satisfied the requirements for single enterprise agreements under the Act, specifically whether it contained a genuine bargain, was in writing, and did not discriminate against employees on the basis of sex, family or carer's responsibilities, pregnancy, potential pregnancy, breast-feeding, or maternity leave. Additionally, the FWC had to consider whether the agreement provided for minimum rates of pay and conditions of employment that were no less favourable than the relevant industrial instrument.

The FWC found that the proposed agreement met all the necessary criteria for approval. The agreement was a genuine bargain as it was negotiated between the applicant and the employees, and it contained provisions for minimum rates of pay and conditions of employment that were no less favourable than the relevant industrial instrument. The FWC also found that the agreement did not discriminate against employees on the basis of sex, family or carer's responsibilities, pregnancy, potential pregnancy, breast-feeding, or maternity leave. As a result, the FWC approved the proposed agreement.

The FWC approved the Image EFX Pty Ltd Single Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to all employees of the applicant covered by the agreement. The FWC's decision was final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established