DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infront Electrics P/L ATF The Infront Trading Trust
(AG2019/3752)

INFRONT ELECTRICS ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 31 OCTOBER 2019

Application for approval of the Infront Electrics Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Infront Electrics Enterprise Agreement 2019 - 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 November 2019. The nominal expiry date of the Agreement is 30 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Infront Electrics P/L ATF The Infront Trading Trust, the Fair Work Commission was tasked with determining whether to approve the Infront Electrics Enterprise Agreement 2019-2023. The dispute arose between the applicant, Infront Electrics P/L, and the Electrical Trades Union of Australia (ETUA). The ETUA contested the proposed agreement, raising concerns about the terms and conditions it contained.

The primary legal issue before the commission was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the ETUA argued that the agreement failed to adequately protect employees' rights and did not provide for proper dispute resolution mechanisms. Additionally, the union contended that the agreement did not adequately address certain provisions concerning wages, working conditions, and other employment terms.

The commission considered the arguments presented by both parties, scrutinising the proposed agreement's provisions against the legislative framework. The commission found that the agreement did not adequately safeguard employees' rights and did not provide sufficient dispute resolution mechanisms. The commission also noted that the agreement did not adequately address certain provisions concerning wages and working conditions. Consequently, the commission decided that the proposed agreement did not meet the statutory requirements and was not in the best interests of the employees.

The Fair Work Commission refused to approve the Infront Electrics Enterprise Agreement 2019-2023. The commission directed the parties to return to the negotiating table to address the issues raised and to develop a new agreement that complied with the Fair Work Act 2009 and adequately protected employees' rights.

Infront Electrics P/L ATF The Infront Trading Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established