DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Fire & Electrical Pty Ltd T/A Industrial Fire & Electrical Pty Ltd
(AG2018/6701)

INDUSTRIAL FIRE & ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2019

Application for approval of the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2018-2021 (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 Employer 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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, has applied for the approval of the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2018-2021. The application was heard by the Fair Work Commission (FWC). The primary dispute concerns the terms of the enterprise agreement, specifically whether the proposed agreement is fair and reasonable for the purposes of the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. The FWC also had to consider whether the agreement adequately protected the interests of the employees and provided for their fair remuneration and working conditions. The application for approval was made by the employer, while no objections were raised by any party.

The FWC assessed the agreement in light of the statutory criteria and found that it met the requirements for approval. The FWC determined that the agreement provided for fair and reasonable terms and conditions, and it was consistent with the relevant legislation. The FWC also noted that the agreement included provisions that adequately protected the interests of the employees, including provisions for fair remuneration and reasonable working conditions. The FWC found that the agreement was in the best interests of the employees and the employer, and it was therefore appropriate to approve the enterprise agreement.

The FWC approved the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2018-2021, effective from 1 July 2018, for a period of three years. The agreement now serves as the governing document for the employment relationship between the employer and its employees, subject to the terms and conditions set out in the approved agreement.

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