Industrial Fire & Electrical Pty Ltd

[2024] FWCA 3550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Industrial Fire & Electrical Pty Ltd

(AG2024/3607)

INDUSTRIAL FIRE & ELECTRICAL PTY. LTD. ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 9 OCTOBER 2024

Application for approval of the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2024 - 2028

Industrial Fire & Electrical Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the Industrial Fire & Electrical Pty. Ltd. Enterprise Agreement 2024-2028 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Employer identifies 8 April 2024 as the notification time within the meaning of s 173(2) of the Act. The notice of employee representational rights was not provided to employees until 17 May 2024, which was later than the time mandated by s 173(3). However, on the material available to me I consider this to be a minor procedural or technical error of the nature contemplated by s 188(5) of the Act and am satisfied that the employees are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.
On the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 16 October 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

Industrial Fire & Electrical Pty Ltd, an applicant, sought approval of a proposed enterprise agreement from the Fair Work Commission. The agreement, covering the period from 2024 to 2028, was intended to govern the terms and conditions of employment for its employees. The dispute arose due to the need for the agreement to comply with statutory requirements under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the good faith bargaining requirement.

The Commission examined the proposed agreement in light of the statutory obligations and the principles of good faith bargaining. It considered whether the terms of the agreement were fair and reasonable and whether the process of negotiation was conducted in good faith. The Commission also assessed whether the agreement provided for appropriate mechanisms for dispute resolution and whether it contained provisions that were necessary and appropriate for the efficient operation of the business. The applicant provided evidence to demonstrate that the agreement had been negotiated in good faith and that the terms were fair and reasonable, taking into account the specific circumstances of the business and the bargaining positions of the parties.

After reviewing the evidence and submissions, the Commission determined that the proposed agreement met the statutory requirements for approval. It found that the terms and conditions of the agreement were fair and reasonable, and that the negotiation process had been conducted in good faith. The Commission concluded that the agreement provided for appropriate mechanisms for dispute resolution and contained provisions that were necessary and appropriate for the efficient operation of the business. Accordingly, the Commission approved the agreement, subject to the terms and conditions set out in the decision. The applicant was directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established