DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infront Electrical Pty Ltd T/A Infront Electrical Contractors
(AG2019/1197)

INFRONT ELECTRICAL CONTRACTORS; ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 14 JUNE 2019

Application for approval of the Infront Electrical Contractors; Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Infront Electrical Contractors; Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Infront Electrical Pty Ltd T/A Infront Electrical Contractors. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case concerning Infront Electrical Pty Ltd, trading as Infront Electrical Contractors, the Fair Work Commission was called upon to approve an enterprise agreement for the period of 2018 to 2022. The application was made by the employer, Infront Electrical, which sought to implement the proposed agreement amongst its employees. The dispute centred around the terms and conditions outlined in the agreement, which the employer believed were fair and reasonable, while the employees' representatives had concerns over certain provisions.

The legal issues before the Commission involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement provided for terms and conditions that were fair and beneficial to both parties, and whether it had been fairly and genuinely negotiated. Additionally, the Commission considered the fairness of the agreement's terms in light of the existing industrial climate and the obligations imposed on the parties by the Act.

Upon reviewing the evidence and submissions from both parties, the Commission found that the agreement was indeed fair and beneficial to the employees. The Commission was satisfied that the agreement had been genuinely negotiated and contained terms that were reasonable in all circumstances. It was determined that the agreement provided for appropriate remuneration, conditions of employment, and other benefits that were in line with industry standards and practices. Consequently, the Commission approved the enterprise agreement, acknowledging that it met all necessary legal requirements and was fair to both the employer and the employees.

As a result of the Commission's approval, the Infront Electrical Contractors Enterprise Agreement 2018-2022 was to be implemented among the relevant parties. This decision provided certainty and stability to both the employer and employees, ensuring that the terms and conditions of employment were fairly negotiated and agreed upon, and in compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

Infront Electrical Pty Ltd T/A Infront Electrical Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established