DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovative Electrical Solutions Group Pty Ltd
(AG2017/2312)

INNOVATIVE ELECTRICAL SOLUTIONS GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2017

Application for approval of the Innovative Electrical Solutions Group Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Innovative Electrical Solutions Group Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Innovative Electrical Solutions Group 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, 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 12 July 2017. The nominal expiry date of the Agreement is 4 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Innovative Electrical Solutions Group Pty Ltd was the applicant before the Fair Work Commission, seeking approval of their Single Enterprise Agreement 2017. The dispute arose from negotiations between the employer and its employees, represented by a union, regarding terms and conditions of employment. The primary issue was whether the agreement met the statutory requirements under the Fair Work Act 2009, including fairness and the process by which it was formed.

The court had to determine if the agreement was genuinely bargained, whether it met the "better off overall test", and if it adhered to the procedural requirements outlined in the legislation. The application included submissions from both parties, evidence of the negotiation process, and expert testimony on the agreement's impact on employees.

The Fair Work Commission found that the agreement was indeed the product of genuine bargaining, was fair and reasonable, and met the better off overall test. The process was deemed to be transparent and inclusive, with adequate opportunity for employee representation. The Commission was satisfied that the agreement complied with all legislative requirements and approved it accordingly.

The Commission approved the Single Enterprise Agreement 2017 in its entirety, with the terms becoming effective as per the agreement's schedule. The decision provided clarity on the statutory obligations for both employers and employees, reinforcing the importance of fair and transparent negotiation processes in enterprise agreements.

Innovative Electrical Solutions Group 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