DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Fire & Electrical Pty Ltd T/A Industrial Fire & Electrical Pty Ltd
(AG2015/4592)

INDUSTRIAL FIRE & ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 AUGUST 2015

Application for approval of the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Fire & Electrical Pty Ltd T/A Industrial Fire & Electrical Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Industrial Fire & Electrical Pty Ltd, trading as Industrial Fire & Electrical Pty Ltd, applied to the Fair Work Commission for approval of the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2015-2018. The application followed the submission of the agreement by the employer, as required by the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the statutory requirements for an enterprise agreement, including provisions related to employee wages, conditions, and dispute resolution mechanisms.

The legal issues before the Fair Work Commission involved determining whether the agreement contained the necessary terms and conditions to be approved under the Fair Work Act. Specifically, the court needed to assess whether the agreement provided for minimum wages, included appropriate dispute resolution processes, and was otherwise compliant with the statutory framework. The Commission also had to consider whether the agreement had been genuinely negotiated between the employer and the employees' representatives and whether it complied with the good faith bargaining requirement.

In its decision, the Fair Work Commission found that the agreement met all statutory requirements for approval. The Commission confirmed that the agreement provided for minimum wages and included provisions for dispute resolution. The Commission was satisfied that the agreement had been genuinely negotiated in good faith, as evidenced by the submissions and documentation provided by the parties. Consequently, the Commission approved the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2015-2018, noting its compliance with the relevant provisions of the Fair Work Act.

Industrial Fire & Electrical Pty Ltd T/A Industrial Fire & 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